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Texas Child Custody Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Texas on
Q: I’m a survivor of dv (domestic violence) and I moved out of state to tx after finding out he came to the same state.
Carmen Rosita Rojo
Carmen Rosita Rojo
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.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What do I need to file along with Respondents original answerMotion to compel mediation

Is there some type of respondents counter offer type form

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex-husband take my kids to the bahamas without my permission and without a passport? Its a closed circuit cruise.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody for Texas on
Q: Emergency temporary child custody order & petition to modify child custody How to submit answer

What Motion or affidavit do I file for respondents answer with a mediation plan request

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

You should file a "Respondent's Original Answer" and a "Motion to Compel Mediation."

1 Answer | Asked in Child Custody, Contracts and Divorce for Texas on
Q: Can my ex-husband demand a divorce in a child custody contract mediation? I remarried after 11 years divorced Feb. 2023.

Two children, 15 years and 13 years old.

John Michael Frick
John Michael Frick
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."

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

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

Rafee'a S. Majeed
Rafee'a S. Majeed
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

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

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

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Family Law for Texas on
Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More

1 Answer | Asked in Child Custody and Juvenile Law for Texas on
Q: Can I get emancipated with no job at 15?

im 15 almost 16 and i live with my grandmother whos disabled and not my legal guardian my parents are drug addicts and i dont know where they are usually, i wish to live by my self but cant because i havent been enrolled in school for several years and havent been to the doctors in a long time... View More

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

Contact Child Protective Services in your area. Good luck.

1 Answer | Asked in Divorce, Child Custody and Family Law for Texas on
Q: Weekend Possession Extended by a Holiday during the School term. What is Thursday time?

The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard

Possession Order, if a weekend period of possession by (the father)

begins on a student holiday or a teacher in-service day that falls on a Friday during

the regular school... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Can the designated competent adult in a divorce pick the children up from school if not on the official school list?

The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

No, the school will not allow anyone not on the school access list to pick up a child from school.

You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list....
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If our daughter abandoned her baby for three years can she just show up out of nowhere and take her back

We recently started a custody case but our lawyer hasn't done too much and now our daughter is threatening to come pick her up and I'm worried because the now toddler has special needs and doesn't know her mother.

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

Absent a court order prohibiting her from doing so, yes she can show up and take the baby.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: an an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
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answered on Sep 29, 2023

Custody arrangements are generally determined by the best interests of the child. However, illegal re-entry can be a criminal offense that might impact a court's decision on custody. The original custody agreement would not automatically reinstate without a court order.

2 Answers | Asked in Child Custody and Immigration Law for Texas on
Q: Can an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
James L. Arrasmith
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answered on Oct 22, 2023

A prior custody agreement does not automatically become invalid due to a parent's deportation or illegal reentry. However, if the individual is discovered to have returned to the U.S. illegally, they could face legal consequences related to immigration, which could indirectly impact the... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex went on a surprise vacation with her lover, I was told I could not keep him while she is gone. Is that right?

My ex informed me on a Tuesday that she was going to go to Galveston for a week to spend time with the female half of the couple she is in a polyamorous relationship with. I said I would keep our son for the week (he is 13). She said “No” and that I could not have him for that week because I... View More

Melissa O'Neal
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answered on Sep 27, 2023

That would depend on what your order states. Some orders have provisions for that but it is not general language if it was not something that you fought for or requested during the creation of the order.

1 Answer | Asked in Child Custody for Texas on
Q: If there is no custody agreement and my children do not want to go to the other parents house. Do I have to make them?
John Michael Frick
John Michael Frick
answered on Sep 25, 2023

If there is no custody order in place, no.

But cutting a parent’s time with their child off usually leads to a custody order dictating a specific possession time for that parent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do i know if a response was filed for a SAPCR? If no response is made what do I do next?

The default date is tomorrow and I have not received any response from the other party.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

After the deadline has passed confirm with the clerk that no answer has been filed and then ask to set it for a hearing.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My son’s mother has been incarcerated since December 2022. I want to file for custody but I don’t know where to start.

My child’s mother was arrested on some very serious charges even put my child’s life in danger.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

I would advise where you start depends on what your relationship has been. As the father you should have a priority right to possession. But if you have not has a relationship or supported your child that can create some grey area. If you have had regular contact with your child, you should file... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can the custodial parent not let the kids call/text the non custodial parent? If not what can be done?

My husband ex wife doesn’t let the kids call their dad and when their under the grandparents care it’s the same they don’t call him and if they Do someone (mom or grandparents) are sitting in front of them making sure they don’t say anything they’re not supposed to.

Melissa O'Neal
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answered on Sep 15, 2023

What can be done depends on what the order states. An enforcement or a modification could be filed with the court of the last order.

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