Get free answers to your Family Law legal questions from lawyers in your area.
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More 
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answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More
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answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
I am the custodial parent, and the non-custodial parent cannot personally care for our children during their first summer possession. There is nothing specifically stated about daycare in our custody orders. I believe it's in the children's best interest to be with a parent, rather than... View More
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answered on Mar 31, 2025
The custodial parent usually can't refuse the non-custodial parent their court-ordered possession time, even if the non-custodial parent decides to use daycare during their time.
If the custody order doesn’t specifically address daycare or who gets to care for the kids during the... View More
For the past year and a half, people have been coming to my door to serve papers, claiming to be looking for me. I have seen them on my Ring camera but haven't been able to answer. I have no ongoing legal issues and have received no written notices that could indicate what this is about. I... View More
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answered on Mar 31, 2025
The best way to find out what’s going on is to check with the clerk’s office in your county to see if there’s a lawsuit. Some counties have court records online, but if yours doesn’t, you’ll need to go in person.
Disclaimer: This response is for informational purposes only and... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More
answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I have a family law case that has been inactive for over a year, and I've received a notice stating it might be dismissed for want of prosecution. There haven't been any previous warnings or communications regarding inactivity. What does "dismissed for want of prosecution" mean,... View More
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answered on Mar 28, 2025
Dismissed for want of prosecution" means the court closed your family law case because nothing happened for a long period. If you want to reopen the case, you'll usually need to file a Motion to Reinstate within 30 days, explaining why the case went inactive and how you'll move... View More
I need help with a temporary custody agreement that I was forced to sign without mutual consent. There were witnesses present at the time I signed the orders. I'm currently facing legal deadlines and some upcoming court dates related to this agreement. I have already sought legal advice, but... View More
I am the custodial parent with primary custody of my child under a standard possession order in Texas. My ex-mother-in-law is emailing my child's teachers but does not include me in those communications. Despite asking my ex-husband to have his mother include me, I have been told she is not... View More
answered on Mar 28, 2025
Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.
It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More
I am no longer with my daughter's father, and I'm planning to file for child support next month. I am concerned because he wants to take our daughter to Mexico, and I don't trust him to bring her back. We do not have any formal custody agreements in place. How should I proceed to... View More
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More
answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
I am considering filing for bankruptcy in Texas, where I've lived continuously since May 25, 2024, after moving from Michigan. My primary concern is a vehicle loan, with the vehicle valued at approximately $6,000, but the leasing company claims I owe $17,000 to $18,000. In addition, I have... View More
answered on Mar 25, 2025
No. You will have to use federal or Texas state exemptions. Whichever chapter you file under, the stay will be in place. You need to consult a bankruptcy attorney in deciding which chapter to file.
I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More
answered on Mar 25, 2025
The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.
The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More
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
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