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Texas Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Texas on
Q: How do my son start the process of getting equal visitation rights with his child's Mother

My son has left the home he shared with the child's Mother and Grandmother. He is with me, but I live in a hotel. There is two bedrooms in this one room. I have been living her for 6 months. And I am working on getting apartment. I work and my son works. I have a 16 year old and a four year.... View More

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: I’m a NCP in a CB(not-related) vs BioMom who moved away &compliant w/ TO in 3 years & the judge has been bias to me.

We have had temporary orders for the last couple of years saying I was managing conservator now everything is changing because we have the district judge and not the associate judge anymore. I have maintain a lawyer the entire time &the bio mom is pro se & we have an amicus & a child... View More

0 Answers | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: If someone is charged with INJURY CHILD/ELDERLY/DISABLE W/INT BODILY INJ can they see their children?

My ex husband is being charged and our daughter was not the victim of it she only saw the things happen. I'm curious as to what happens after/if he is found guilty of it. Will he ever be allowed around our daughter? And if so will it be supervised unsupervised or.. I just want to have an idea.... View More

0 Answers | Asked in Child Custody for Texas on
Q: What can I do legally if I am in another state and the mother wants to give her father conservation guardianship?

I was told my child was deceased, So I moved states due to harassment because the mother claimed it was my fault the child had passed. Then I was told 2 weeks before she was born, she was still alive(pregnant) with our daughter . I flew to Texas to be there signed the birth certificate. But was... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.

He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do yall do visitation rights with children

The mother of my daughter keeps my daughter away from seeing me for her selfish reasons and there is no custody agreement or court order

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

Yes, family law and child custody attorneys handle cases involving visitation rights with children. You should look for one in or near the county where the children reside. You most likely will need to file an original suit affecting the parent-child relationship ("SAPCR") to establish... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I use posts from my ex’s Facebook that is seeable by my kids account I made for them with him long ago?

My ex and I made an account for each of our kids when we were married. He has stayed friends with that account knowing that I manage them still. Now he is taking me to court and I want to prove he is lying by using one of his posts that I was able to see with my child’s account. Is that allowed?

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

Yes, as long as you properly authenticate the post he made.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: i am in contact with the AOG already, should I consider hiring an attorney to assist me with the child support process?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 4, 2024

The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If I don't have the address to my children's dad's new address, do I have the right to refuse to hand my boys over?

My ex-husband and I share two children, we're recently divorced and he has them for Christmas this year, 2024. He is the non-custodial parent. He has recently told me that he has signed a lease to a "new" place of residency in Georgia where he will be living from now on and the boys... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, unless a court order clearly says otherwise, the NCP's refusal to provide his address does not justify denying the NCP possession of the children in accordance with the terms of your custody order. This falls into the category of "two wrongs don't make a right." I would... View More

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: what do i need to do in order to counterclaim and respond to a custody lawsuit?

child's father is unstable. a history of alcohol abuse, insomnia, depression and anxiety. He isn't allowed to work for the state because of instances that happened while he was in active duty. he owns a gun that is military grade, and he keeps it out in the open or out at all times. he... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 30, 2024

You need to retain a lawyer if you want to protect your child. You may be able to get supervised visitation for the father.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is there paperwork that can be done outside of court to file for parental termination?

My child’s father is not and has not been in his life at all. He’s 11 years old. I don’t know where he is and would like his parental rights terminated. I am married and my son’s step father would like to adopt him.

John Michael Frick
John Michael Frick
answered on Nov 27, 2024

Termination of the father's parental rights requires a court proceeding.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Why didn't I recieve my divorce court date letter in the mail or through any other way such as via e mail?

I was able to get served with the divorce papers at my parents house, but I wasn't able to recieve a letter stating my divorce court date?

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

The letter stating your court date should have been sent to the address in your written answer that you filed with the court. If you did not file a written answer with the court, you waived your right to notice of your court date.

1 Answer | Asked in Child Custody for Texas on
Q: The NC parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a motion to modify with the court. Most likely the best solution under your circumstances is to modify both the possession schedule and the amount of child support in an attempt to get more child support to pay someone to watch your kids during "his weekends" so you can... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

1 Answer | Asked in Child Custody for Texas on
Q: My lawyer withheld information to get me to agree to something before a judge. Is that legal?

I’m in a child custody case for my two year old. I asked her father get supervised visits if he failed a hair analysis for meth- given I provide one also. He told me the day after court he openly admitted to not being able to pass one. Now he is getting EXTENDED standard custody and I am... View More

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

A lawyer has a fiduciary duty of full disclosure to his client. The failure to disclose material information would be a breach of that duty. But there is a question what information he withheld and whether the withholding of that information caused you any damages.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I go live with my dad if I am 16 years old but my mom doesn't want to let me go live with him?

I am originally from Honduras, I lived with my mother until I was 7 years old, she came to the United States and left me living with my grandmother, 2 years later my grandmother died and I went to live with my father but that was only for a year because my mother did not want me to live with him,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 12, 2024

If there is a court order you have to live where we the order states. If no court order you can l

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: JMC custody agreement, I'm the CP. The NCP has been homeless for 6 mo. Is this grounds to remove my living restriction?

We have a joint-managing custody agreement, where I'm the custodial parent. The other parent has been homeless the last 6 months. Would their circumstances help me to modify or remove my geographical restriction?

Edit: My geographical restriction is within a certain amount of miles... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

I don't see a connection between the non-custodial parent being homeless and the geographical restriction.

1 Answer | Asked in Child Custody for Texas on
Q: What motion do i file now that ive completed what the judge asked for a custody case in dallas tx to have a hearing set?

Judge said there would not be any hearing u til I've completed and turned in certificates and I have so I need to have a hearing set what would I file

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Notice of Compliance and Request for Hearing

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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