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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Texas on
Q: I'm being blackmail from my mom stating she's gonna adopt my 3 yr old baby w/out our consent & we have full custody

Father Ruben Serna of our baby & I'm mom Virginia Serna. We are not terminating our parent rights volunteering & parental rights not involuntary terminated

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

Your mom cannot adopt your child without your consent unless your parental rights are terminated. So don't pay your mom the blackmail money.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

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

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

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

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Texas on
Q: I have a question for a somewhat complex situation, any help or advice would be appreciated.

I know someone who came here illegally, but missed her chance of getting citizenship because she could not obtain a Mexican passport, which is a prerequisite of the US citizenship process. Someone in Mexico had reportedly made a typo when spelling this person's name on the birth certificate.... View More

James L. Arrasmith
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answered on Nov 15, 2024

This is a challenging situation that requires careful attention to the documentation issues first. Mexican consulates can help correct errors on birth certificates through a legal process called "rectificación de acta," which addresses typographical mistakes.

Your friend should...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I go live with my dad if I am 16 years old but my mom doesn't want to let me go live with him?

I am originally from Honduras, I lived with my mother until I was 7 years old, she came to the United States and left me living with my grandmother, 2 years later my grandmother died and I went to live with my father but that was only for a year because my mother did not want me to live with him,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 12, 2024

If there is a court order you have to live where we the order states. If no court order you can l

1 Answer | Asked in Family Law for Texas on
Q: Where should I go if custodial parent refuse to honor our schedule of visitation in the long distance parenting plan?

Custodial parent moved from Florida without the relocation agreement, to Seattle, WA, I sent information about his ticket some days ago and yesterday she said she won't have permit in her job to honor a parenting plan order, I live in Texas, the Order is from Florida but she is living in... View More

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

It's not up to her job.

If this were a Texas court order, I would recommend that you file a motion for enforcement in the court that issued the order.

Since it is a Florida order, you need to ask the advice of a Florida attorney who practices in the area of family law.

0 Answers | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: JMC custody agreement, I'm the CP. The NCP has been homeless for 6 mo. Is this grounds to remove my living restriction?

We have a joint-managing custody agreement, where I'm the custodial parent. The other parent has been homeless the last 6 months. Would their circumstances help me to modify or remove my geographical restriction?

Edit: My geographical restriction is within a certain amount of miles... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

I don't see a connection between the non-custodial parent being homeless and the geographical restriction.

2 Answers | Asked in Family Law for Texas on
Q: Needing some help with what to do in my family law case

I am the custodial parent in my case with my 15 and 16 yr old kids. I am over the kids school and where they stay I have the rights over that. We have a 50/50 agreement. But the mother of the kids have brainwashed the kids and plotted to have kids not come home and never once told them they had to... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You need to file an application for writ of habeas corpus and motion to enforce. If you do not know what those are and how to do that, I strongly recommend you hire an attorney with experience in family law in or near the county where you live. Be aware that it is often difficult to obtain relief... View More

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1 Answer | Asked in Family Law for Texas on
Q: How do i know my marital status. And what are the conditions for an annulment.

I was married in the USA for five years. He filed for divorce, and I left the country. I no longer have any paperwork regarding the marriage. Now, I need to find out whether I am still married or not, and I’m wondering if I can apply for an annulment.

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You most likely cannot file for an annulment because the grounds on which an annulment can be granted are very narrow.

If he previously filed for divorce, you should check the Vital Statistics Unit at (888) 963-7111, Monday through Friday, 8 AM–4 PM to see if he ever finalized the divorce.

0 Answers | Asked in Family Law and Health Care Law for Texas on
Q: How can I make the hospital disclose the date that the destroyed pathology specimens?

The hospital had an internal policy requiring them to maintain the pathology specimens for 11 years. They were given multiple notices to retain the specimens so that I could take charge of them for research purposes. I properly submitted the letters testamentary and prove that I was the sole and... View More

1 Answer | Asked in Family Law for Texas on
Q: How can we help get his ex-wife the mental health help she desperately needs.

They have 3 adult children together. She has been involentarily committed 3 times before with paranoid schizophrenia. She lives with her father and boyfriend but father passed away a few months ago. She has stopped all hygiene care, become violent, talks to people who are not there, and has... View More

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A relative can petition for guardianship over her person.

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

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

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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2 Answers | Asked in Family Law and Social Security for Texas on
Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

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

Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More

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1 Answer | Asked in Family Law for Texas on
Q: Can I marry my first cousin in Texas?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You can if you want to be charged with a crime. ,

2 Answers | Asked in Consumer Law, Family Law and Products Liability for Texas on
Q: My parent gifted me 4 fake Lego sets and pretended it was the real thing, do they have to reimburse me in any way?

If they bought the real sets, they would have spent about 50 dollars more than the fake sets, around 560 dollars. Now the combined value of the real sets would be around 2600 dollars.

Michael J. Mandelbrot
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answered on Nov 6, 2024

Who are you going to sue? Your parents? It was gift. If you really wanted to real sets, you could have returned the gift and put in $50.00 more yourself. I doubt any lawyer would take this case. Your parents had good intentions and were trying to be cost-effective. In 30 years, I have never heard... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: What does child support specifically cover?

Good afternoon. I pay $1300 a month as a non custodial parent and we have joint custody of the kids. My son needs to go to the barber to get his haircut but the mom refuses pay for it. Also he always goes to school with slippers and socks, no sneakers or shoes. What are child support payments... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: the final order in suit to modify parent child relationship the section of the possession order the name is wrong

Does that bind the court order? Or must it be corrected

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It should be corrected. This may be require an order nunc pro tunc. The attorney who assisted you with the original order ought to be able to help you correct that fairly quickly.

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