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Texas Child Custody Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I want to move to my mom's house but they have 30% custody and the one I'm at has 70% and says I can't. Can I? Im 13+

So I've been wanting to move back to my mom's because before whenever I Moved over here I was angry and now I want to go back but the other guardian says I can't. I want to move back and I don't know what to do.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: I have a close friend that has passed away and before she passed she gave her two grandchildren away

The daughter desperately wants them back in her life what can she do

1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I have an Uncontested hearing for “Statement of Inability to Afford Payment of Court Costs”

I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.

If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: hello if someone put the wrong address for themselves on paperwork they filed against you what will happen in court
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

Notices to them likely will be sent to the wrong address they gave.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: I would like to know what a judge can to do if my ex-husband has gone against court order and withheld my daughter.

I have custody he has withheld her for 80 days

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options if my ex-wife moved two states away with our child without letting me know.

She only informed me of the move after she had already moved in the new location over 600 miles away. Our original divorce decree and custody order is originally in Oklahoma but we both ended up moving to Texas but now she has my child in a different state (Missouri) and she did not go to court... View More

0 Answers | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can only an associate judge do this?

I have all the documents from the clerk. Everything is signed by the notary the investigator or he associate judge, no other judge on anything. Can she order removal and no contact when I haven't done anything and the visits I did get went great?? I proved CPI lied all over the affidavits.... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: What are my Mom's rights when CPS took my kids from her?

I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Cps wants to Terminate my right but I refuse to give them up. What is the next step!They have my kids n are place Family

What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What am I to do when I file a protection order on behalf of my kids but mom still lives with whom I have the order

My wife told me her boyfriend hit her and our kids and threaten their lives on behalf of my kids I file a protection order against him. But she moved back in with him

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

As long as he obeys the protective order with respect to your kids, you likely cannot do anything except use that as evidence in your divorce. If he violates the protective order, you can file a motion to enforce the protective order.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Been raising my son since he was born.filed for support and mom picked him up after she got served

Mom has drinking problems and puts my son in danger. Police reports have been filed by me and also her family . She also drives under the influence while in possession of my son

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You can request temporary orders in your SAPCR including being named temporary sole managing conservator of your son.

3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Custody of child is 50/50, can I have him put on 72 hour hold during my time without biodad being able to pull him out?

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a...
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3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

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

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

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