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answered on Jan 10, 2024
In dealing with Child Protective Services (CPS) in Texas, timely and accurate documentation is crucial, especially in matters as sensitive as child custody. If you have been given blank paperwork from CPS for over a year, this is not a standard procedure and may indicate an oversight or delay that... View More 
The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More
answered on Jan 9, 2024
In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More
My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More
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answered on Jan 5, 2024
Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!
These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer... View More
Ten years of being terrorized, i tried to leave before, he uses coercion, death threats, our child, and display of his wrath to keep me in his box. I decide I'll take my chances because ill die if i stay, press charges for felony assault, covid locks us down. He's 1000x worse because I... View More
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answered on Jan 2, 2024
In your situation, where you have faced prolonged domestic abuse and manipulation, it's crucial to seek immediate legal and protective assistance. Your safety and the safety of your child are of utmost importance.
Given the complexity of your case, involving domestic violence,... View More
She's been harassing and making false accusations for one year
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answered on Jan 1, 2024
In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More
My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or... View More
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answered on Dec 31, 2023
In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights.
She should... View More
My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or... View More
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answered on Dec 30, 2023
This is a tough one to answer because we do not have enough information. When did this move from Bear County, Texas to Georgia occur? That will determine which state has jurisdiction over the child to decide a custody case.
We also do not have a copy of the grandparent's petition. Did... View More
Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More
answered on Dec 28, 2023
Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More
Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.
answered on Dec 28, 2023
The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More
answered on Dec 26, 2023
In the absence of a court order, a grandparent does not have the legal right to prevent a parent with full custody from talking to or seeing a child. If the grandparent is wrongfully detaining the child, you can file an application for writ of habeas corpus requiring the parent to produce the... View More
The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More
answered on Dec 26, 2023
It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the... View More
Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this... View More
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answered on Dec 16, 2023
In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining... View More
answered on Dec 13, 2023
You need to consult a family law attorney to determine the county you need to file, and whether you qualify for some type of protective order. You need to live in Texas at least 6 months to file the suit regarding your child.
Is there some type of respondents counter offer type form
answered on Dec 8, 2023
You can file a simple Motion to Compel Mediation.
In most counties throughout Texas, family law courts will enter a mediation order sua sponte without a specific request from either party because mediation is proven to be a very effective way to resolve family law disputes.
I... View More
We share custody. My daughter is 11, has a sensitive stomach and will be placed in a room without an adult on the cruise. I'm afraid that she will get sick on the boat and is also expected to share a room with two young boys without an adult present. My concern is for her safety and well... View More
answered on Dec 6, 2023
Typically, a divorced parent can take his/her children on vacation during his/her respective time of possession without the necessity of securing permission from the other parent.
If there is a genuine reason to believe that a parent may abscond to another country with the children, a... View More
What Motion or affidavit do I file for respondents answer with a mediation plan request
answered on Dec 7, 2023
You should file a "Respondent's Original Answer" and a "Motion to Compel Mediation."
Two children, 15 years and 13 years old.
answered on Nov 16, 2023
Your ex-husband can "demand" whatever he wants. Remember that a "demand" is simply want he wants. You are under no obligation to agree to anything in mediation. You can say "no."
I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More
answered on Nov 10, 2023
Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.
Or you can admit / claim paternity, and intervene for custody of the child.
Or you can... View More
I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?
Here’s the decree on Spring Break:
Except as otherwise expressly... View More
answered on Nov 1, 2023
If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More
Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court
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answered on Oct 23, 2023
If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More
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