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Texas Family Law Questions & Answers
0 Answers | Asked in Elder Law and Family Law for Texas on
Q: How can I stop my daughter from verbally abusing me?

My 36 year old daughter and her two children have lived with me all of their lives. About 2 months ago, my daughter got pregnant and left the house to live with her boyfriend. She left her 3 year old and 12 year old with me. The only interaction she has with her two children is in the mornings with... View More

1 Answer | Asked in Child Support, Family Law and Real Estate Law for Texas on
Q: I have a child support lien attached to my homestead property in Texas. How do I get it removed?

I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More

James Clifton
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James Clifton
answered on Sep 18, 2024

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Custody of child is 50/50, can I have him put on 72 hour hold during my time without biodad being able to pull him out?

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More

Gratia "Grace" P. Schoemakers
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Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a...
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0 Answers | Asked in Family Law and Child Support for Texas on
Q: My children's father filed custody of our 2 kids and put me on child support what can I do? I want my children back.

My son stays with me and my daughter stays with her uncle, their dad is not capable of taking care of them due to MS he is bedridden. I haven't been working, but I am in the process of getting a job being a care taker for my sister. Also I wasn't able to pay for the child support due to... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

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

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

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

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

0 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Hi, I reside in Texas and I left my boyfriend with our two sons. Am I allowed to not let him see his kids until a order?

I left my boyfriend with my two sons because he is an alcohol and when he is abusing he gets into episodes where he doesn’t wake up, punches walls, throws objects, waves a gun around and threatens his life. He has even restrained the kids from me and threatened to take one of them before. Is this... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My ex husband's lawyer has said she no longer will represent him and has submitted paperwork to that effect. He has sign

He has signed but the judge is sitting on the docs. These docs are our final child support orders. Is there any way to expedite the process? Thus has been dragging on for 13 months.

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

Yes, your lawyer can file a motion to enter and set it for hearing.

1 Answer | Asked in Family Law for Texas on
Q: how to file a motion to my kids father

please guide me and looking for pro bono lawyer to guide in this motion

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

You should contact a legal aid clinic near you. Lawyers most often volunteer to provide pro bono services to indigent parties through legal aid clinics. Few do so independently because legal aid clinics have administrative staff to screen potential clients, to match them with suitable competent... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

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

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

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

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: I'm in need of legal support for a divorce/custody case. I've been forced into a corner without access to our finances.

My husband has a history of physical, financial and emotional abuse, and has delayed any settlement or agreements, by not providing any income info, his lawyer refuse to treat me with respect, nor provide me with the needed documents to consider any possible mediation meeting dates.. My requests... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

0 Answers | Asked in Family Law for Texas on
Q: Do I have a right to get my property back from deceased boyfriend’s family after they locked it up in a shed?

I lived with my boyfriend in a house his mother owned. I’d been there 3 years when a mold problem started it’s toll on my health. His mother invited us to come live with her which worked out for everyone because her health was failing and she needed help.

A year after we moved in with... View More

0 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Family Law for Texas on
Q: Can the co-signer of your car, sell or take your care without my permission?

say my dad said stop smoking in my car and it's my car and I make the money and pay for it. But he threatened me saying if I smoke in my car again he will sell it and I told him I'd file a police report if he does that.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: How to get a court order for Uniform Child Custody Jurisdiction Enforcement Act affidavit?

I have been living in Sugar land, TX for 3 years. I am still married but would like to get a court order for Uniform Child Custody Jurisdiction Enforcement Act affidavit for my kids. Can I do it without an attorney? If so, Can I do it online? Do I need to go to State Court house or I need to go to... View More

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: me and my family members inherited a house from my father. they are not cooperatong with me in getting their information

for affadavit of ownership so we can sale and i can move foward. what steps should i take to legally force sale or demand payment for my part of the inheritance

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

You can file a lawsuit for partition by sale if you inherited an interest in the house from your father. Take your probate paperwork showing who inherited the house to an attorney in or near the county where the house is located.

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