Get free answers to your Family Law legal questions from lawyers in your area.
I live in Abilene, Texas, and share joint custody of my children with their father as per a court order. We are not married, but I've been living with him for a year and contribute to some bills and mortgage payments. He recently told me via text to find my own place. Can he legally kick me... View More 
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
answered on Mar 20, 2025
If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
answered on Mar 20, 2025
You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More
The mother of my child is getting threats, death threats because her husband drove drunk and kill someone now the husband in jail and people are threatening the mother of my child they know where she lives where her parents live and I don’t like that my sons in the middle of all that what if... View More
I am a single father struggling with child support payments that haven't been adjusted despite my lower-paying job and having my child live with me for half of 2024. I contacted the child support agency, faxed my paperwork three months ago, and they paused payments for two months before... View More
I was in a common law marriage with my husband, and I need a court order to continue being in charge of his funeral services. His mother, who was estranged, wants to take over the funeral arrangements. I have proof of our common law marriage, such as a joint bank account. There is no will, and we... View More
I had my parental rights terminated after testing positive for meth at childbirth. Due to transportation issues, I missed court dates and drug tests. I am currently pregnant, sober for 7 months, and have a stable job and apartment. I did parenting classes and therapy. Can I get my children back,... View More
answered on Mar 17, 2025
Once a parent's parental rights have been finally terminated and that judgment is final, the parent is unable to regain their parental rights.
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More
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answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
I'm facing a complex legal issue where my mother left our home to me and my sister, but my sister removed my name from the ownership without my consent. I've filed an affidavit of heirs and a death affidavit through the court, with support from my other siblings. Recently, my sister... View More
answered on Mar 13, 2025
Your situation involves multiple serious legal issues, including wrongful arrest, property fraud, and a potential wrongful death claim, each requiring a strategic legal approach.
Regarding the property dispute, if your mother’s home was left to both you and your sister, she cannot legally... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More
How can I obtain a paternity test when my ex-girlfriend, who is pregnant, refuses to cooperate? I've tried discussing it, but both she and her current boyfriend are combative. There are no court orders in place yet, and I haven't consulted a family law attorney.
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answered on Mar 10, 2025
In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.
Filing the petition early can help establish your legal interest in the... View More
I was married to my ex-husband for more than 10 years, and I am currently 72 years old. I have not remarried and am receiving my own social security benefits of $900 monthly. Am I entitled to claim social security benefits based on my ex-husband's record, even though I filed for benefits... View More
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answered on Mar 16, 2025
Since you were married to your ex-husband for over ten years and have not remarried, you may indeed be eligible for Social Security benefits based on his earnings record. Being 72 years old means you're already beyond full retirement age, which qualifies you to receive benefits at their... View More
I would like assistance pursuing a legal malpractice claim against my former attorney, Trey Lavespere, and his assistant, Brandye Toombs. They handled a Suit Affecting the Parent-Child Relationship (SAPCR) regarding my grandson, Kentrell Rogelio Martinez, which resulted in my dismissal due to lack... View More
answered on Mar 10, 2025
You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.
You need to gather together a complete... View More
What are my options if my former attorney, Trey Lavespere, and his assistant, Brandye Toombs, failed to provide adequate representation in a Suit Affecting the Parent-Child Relationship (SAPCR) involving my child, Kentrell? The Motion for Withdrawal of Counsel included misleading statements, filed... View More
answered on Mar 10, 2025
When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I am a stay-at-home mom in Northeast Texas with no personal income, dependent on my spouse's approximately $160,000 income. We've been married for 15 years, and he's been the sole source of income. During court proceedings, I was unrepresented because I couldn't secure an... View More
I have some garden tools belonging to my ex that he left at my house last summer. He initially requested them in October, but then canceled. He asked again at the end of February when he knew I'd be out of town and hasn't taken them yet. We've only communicated through a relative... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
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answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I am undergoing a divorce and suffer from complex PTSD. My only income is from Social Security mental disability benefits. My spouse verbally agreed to leave my automatic deposits and withdrawals intact and to remove their name from my bank account, but hasn't done so. They're using my... View More
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answered on Mar 16, 2025
You have the legal right to directly control your Social Security disability payments, as these benefits are specifically intended for your care and support. Your spouse does not have any automatic entitlement to control or access these funds, especially without your explicit consent or a legal... View More
I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed... View More
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answered on Mar 16, 2025
In Texas, pets, including emotional support animals, are legally considered personal property rather than family members. Unlike children, courts generally do not grant visitation rights or custody schedules for animals. Your spouse’s claim for structured visitation similar to child visitation... View More
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