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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: Question about Family Law

I am married with 2 kids. My wife took my kids and went to her country for a month vacation. Now, it's been almost 2 months, and she is not coming back. I told her to come back but she started being rude and telling me that she will come whenever she wants. My son's school is getting... View More

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

1. Yes

2. Yes, you can file a report of child abduction with local law enforcement or the FBI. Depending upon the facts and circumstances, they may or may not act upon such a report and may or may not prosecute your wife. But there will be a formal report nonetheless which shows you are...
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1 Answer | Asked in Education Law, Family Law and Legal Malpractice for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

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

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

0 Answers | Asked in Family Law and Adoption for Texas on
Q: What is interstate placement and how is my dad able to seek to adopt my granddaughter using that as a reason.

My father has filed a petition to adopt my granddaughter. The reason is "There has not been compliance with subchapter B of chapter 163 of the Texas Family code.

0 Answers | Asked in Family Law and Adoption for Texas on
Q: What is interstate placement and how is my dad able to seek to adopt my granddaughter using that as a reason.

My father has filed a petition to adopt my granddaughter. The reason is "There has not been compliance with subchapter B of chapter 163 of the Texas Family code.

0 Answers | Asked in Family Law for Texas on
Q: My stepmother passed away 3 weeks before my father. They had 2 cars and life insurance with eachother as beneficiary.

My stepbrother is now fighting me on getting a death certificate. Who would be the beneficiary in this case?

1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

John Michael Frick
John Michael Frick
answered on Jul 24, 2024

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How and what do I need to start a custody case?

No court orders. Not married. 3 children.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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0 Answers | Asked in Family Law for Texas on
Q: Can my parent take away my phone from me at the age of 15 if they bought it?

I lied to my dad for my sister and he ended up taking my X-Box, Phone and privileges to see my girlfriend. I'm 15 and need my life back together and dealing a with an only parent and he's turned out to be a narcissist parent and all I want is my freedom back and able to gain rights over him.

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my rights regarding child custody in Oklahoma if my ex-partner is preventing me from seeing my son?

I don't know where to get a copy of my records.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

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

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my ex-wife won't let me pick my son up for my parental time. She says I can only visit him in her home

Ex wife is refusing my parental time and won't let me leave to my house with him. Custody agreement states I get him from Friday to Sunday evening.

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

Pick him up and leave with him. Your ex-wife does not have the power to prevent it. She may not like it. She may yell and argue and stomp her foot. She may threaten to call the police or to take you to court. But she is powerless to prevent it.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my ex-wife won't let me pick my son up for my parental time. She says I can only visit in her home.

Ex wife is refusing my parental time and won't let me leave to my house with him. Even though the custody agreement states I get him Friday to Sunday night. Can I get in trouble for taking him back to my home per custody order?

0 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: If my cps case was terminated or dropped , is it eroti

Do you recieve a letter like the one I recieved on a cps case that was and has been terminated or dropped , with the judges signature cps worker, all attorney's. Is this something you can trust , is it legitimate?

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

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

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I have grounds to try to get majority custody of my son and off child support.

I have 5050 custody of our son. I pay her 980 a month in child support. she was arrested 2x once in may for a bench warrant and then this weekend for a DWI with a minor in the vehicle. (her 4 month old, not my son) she was on the way to her friends house to pick him up. CPS has been open and will... View More

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

It sounds like you have good grounds to request a modification under the facts stated in your question.

0 Answers | Asked in Family Law for Texas on
Q: What are the consequences of vexatious litigation in a custody case ?

My ex husband has not moved on from our divorce it seems. I am happily married to someone else and he is supposed to be engaged. Every year for the last few years he has filed a custody case on me alleging lies like I’m guilty of abusing myself, my house is filthy, he needs child support from me,... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Family Law for Texas on
Q: In texas is it a crime to ask what a death certificate is worth to a non family member of my deceased parent?

A individual who was a companion of my father not married lived separately is his bank account beneficary due to questionable circumstances needs a certified death certificate to be able to take ownership of all his accounts. Can I imply that they may be obtained for a specific donation amount to... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Why imply? Why not just say: "I will be happy to get one for you if you will pay me $__ for my time and effort."

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