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Texas Family Law Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Texas custody modification

My husband has 3 children. By court order ex has full custody and he gets them every other weekend and pays child support for all 3.

We found out from another source and by the children that the ex has moved out of parents home and into a new home with the two youngest (potentially with a... View More

0 Answers | Asked in Family Law for Texas on
Q: How can I submit a denial of paternity by the man I am married to, but been separated from if I didn’t at birth of 1 yo?

I separated in 2020. The man I am married to started the divorce process in early 2022. We were both dating other people. For some reason things didn’t move along and I decided to submit pro se later in the year, but found out I was pregnant by current boyfriend so I decided to wait because I had... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

John Michael Frick
John Michael Frick
answered on May 20, 2024

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?

Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More

0 Answers | Asked in Family Law for Texas on
Q: Good evening I have my girlfriend trying to leave her house because she feels unsafe from her legal guardian.

She’s still in school as a senior but she’s 18 years of age. How does this work in San Antonio Tx

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I find out the deadline for submitting evidence and witnesses in a divorce trial? I am pro se.

I have contacted the court clerk who referred me to the Texas Rules of Evidence, but those rules are not case specific.

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

If there is not a scheduling order entered in your specific case, the deadlines set forth in the Texas Rules of Civil Procedure (not Evidence) and the Texas Family Code govern. Read chapter 301 of the Texas Family Code and Rules 192-195 of the Texas Rules of Civil Procedure, especially Rule 194a.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What type of Lawyer do I need to sue someone who has taken property that does not belong to them in Texas?

I'll keep this short as possible. Divorced a woman that I did not have children with but I had my own children. During the course of the divorce, she was granted sole exclusive use of the house and I was not. During that time her and her family liquidated my adult children's assets (who... View More

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

Because your children are adults, they will need to hire an attorney, not you. An attorney with experience in civil litigation in or near the county where the property was taken ought to be able to file a lawsuit for conversion and under the Texas Theft Liability Act. Because of the nature of the... View More

0 Answers | Asked in Family Law and Adoption for Texas on
Q: can you use your stepfathers last name without being adopted in the state of Texas?

Biological son filing for unclaimed property from his deceased dad. He had two stepsons, not sure if he actually adopted them or they just used his las name.

1 Answer | Asked in Family Law for Texas on
Q: If l rent a apartment and they have my rental car towed is that against the law?
John Michael Frick
John Michael Frick
answered on May 13, 2024

It depends on the particular facts and circumstances. Read the Texas towing statute in Chapter 2308 of the Occupations Code: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://statutes.capitol.texas.gov/Docs/OC/pdf/OC.2308.pdf

1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Will a judge consider my motion to dismiss if I do not point to the exact rule, but just reference the code?

I filed a Motion to Dismiss for an enforcement of unpaid child support motion my ex made. In it I referenced the Texas Family Code, I couldn't find the rule but I described it as a friend advised me to do so. Will the judge grant my motion, or will it be considered ambiguous?

John Michael Frick
John Michael Frick
answered on May 13, 2024

A motion to dismiss is not available in a case brought under the Family Code. TRCP 91a(1).

0 Answers | Asked in Family Law and Child Support for Texas on
Q: Will a judge consider my motion to dismiss if I do not point to the exact rule, but just reference the code?

I filed a Motion to Dismiss for an enforcement of unpaid child support motion my ex made (no end date when he turns 18). In it I referenced the Texas Family Code, I couldn't find the rule but I described it as a friend advised me to do so. Will the judge grant my motion, or will it be... View More

1 Answer | Asked in Family Law for Texas on
Q: I have 20 day waiting period

After 20 days are up, do I have to wait the following 40 days or am I allowed to move on with my case? How soon would I be able to?

John Michael Frick
John Michael Frick
answered on May 13, 2024

There is a 60-day waiting period in divorce cases in Texas. Not a 20-day or a 40-day waiting period. TFC 6.702.

0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Do you have to explain why you can’t choose a court date on the opposite party’s terms?

I was given 5 dates to choose from. I chose the latest date. They come back and said that wouldn’t work after offering me the certain dates and said that they had already set a date. Is this alright to do? And do I have to tell them where I will be instead of I have prior engagements?

0 Answers | Asked in Family Law for Texas on
Q: How do the days work if I filed and server cannot serve the respondent.

I filed, hired a process server for divorce with minor children. His attempts were unsuccessful. Do I still have to wait the waiting period if he can’t be served?

1 Answer | Asked in Family Law for Texas on
Q: I filed, I have to have the respondent served. I know this is where they live at.

I filed and hired a process server so far the attempts have not been successful and I only have three left. If I cannot find him what could I do? I don’t want to wait for the publication and if I have to will it put 60 more days onto when I filed? I know this is the respondent ADDRESS due to his... View More

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

File a motion for substituted service under Rule 106(b).

0 Answers | Asked in Civil Rights, Constitutional Law and Family Law for Texas on
Q: Can you sue a charter school for discrimination of a child entering into the district Already with learning disabilities

The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis

0 Answers | Asked in Family Law for Texas on
Q: CPS is dragging their feet on Kinship approval for home that was already approved by other county I stay in. What can do

I am trying to get my nieces daughters since she is in jail. I was approved on one home study in Bexar county, however I stay in Tarrant county and have been waiting for someone to contact me but they have not. Now CPS wants to place both girls in the foster home together. The girls were separated.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

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

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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