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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: I have a cps case that I need help with from a pri bono lawyer because I have no momey
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 28, 2022

If you are a parent of the child and cannot afford a lawyer, you can request that the Court appoint you a lawyer in a CPS case.

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: I need to see my Father's will..I was granted 20 Acres at 34.2 w 2.20e on Howard county. How is the best way to get it.

My siblings are trying to keep the land, saying I won't be able to make the taxes.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Obtain a copy from the clerk of the probate court where your father's will is being probated.

0 Answers | Asked in Family Law and Arbitration / Mediation Law for Texas on
Q: How do my wife and I as managing conservators act on a final order and enforce an agreed upon action?

My wife and I are joint managing conservators of our nephew. My brother is the non custodial parent with possessory conservatorship. We make all the decisions and care for him and my brother gets visitation and gets to be informed of what is going on with his son. We are in this situation because... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a criminal trespassing on the custodial parent how can i pick up my daughter on my weekend and days?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 26, 2022

Modify the order and meet at police station or a public place like McDonald's .

1 Answer | Asked in Family Law for Texas on
Q: if my dad makes the money but my parents are married, can my mom take away my things even tho it’s my dads money?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 24, 2022

Your mom can take away your things. It does not matter who bought them.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
Read more »

0 Answers | Asked in Family Law for Texas on
Q: Can I move from Kansas to Texas without having to go to court.

I’m 16 and wanting to transfer states. I’ll be moving in with my cousin who is 30. I got into a situation at my current school and I don’t feel comfortable going back there. So do I have to go to court to change my guardian or Chan I just go with parent consent?

0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I have a weird situation. My oldest is now 11.

Her bio father isn't listed on the bc. He has been contacted several times in the past years to make connect with his kid. He refuses. I would like to go through the process to get his rights. He has a trust fund. Isn't she entitled to some of it since she was born before his marriage and... Read more »

0 Answers | Asked in Divorce and Family Law for Texas on
Q: Been with man for 15 yrs raised his granddaughter together will b able to get any kind of financial support from him

domestic violence is there's a police report has been made went to hospital,I have moved in hiding have no $ need help with food n utilities I was a house wife and relied on him for everything he refuses to help me with anything and now he is on Facebook on the internet slandering my name... Read more »

0 Answers | Asked in Family Law for Texas on
Q: Can a sibling hold your aging parent hostage?

My brother has my mom living with him in Texas I live in Canada. She is aging and wanted to send me money to visit her again, she is 88. Well yesterday her cell phone service was shut off. anything I can do legally from Canada? He has kept her from me for 10 years. her phone went to voicemail for... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.

Are you concerned about your child's...
Read more »

2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 18, 2022

You can sign a waiver of prosecution .

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2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Joint custody after out of state move.

Last year a California Court ordered a joint 50/50 custody "agreement" for our child. I have since moved to another state and am currently waiting on the next mediation and subsequent custody hearing this fall. In the meanwhile I would like our child to go to school with me in the new... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

It depends on the language of your custody agreement or order. It is typical for there to be a geographic restriction, but that is not always the case. It is typical for there to be language addressing the rights of each parent with respect to education. It may give one parent the sole right to... Read more »

0 Answers | Asked in Family Law for Texas on
Q: Is there and thing I can do legally from Canada?

My mother lives in Texas City Texas with my estranged brother. She & I talked almost daily, she has a bit of dementia she is soon to be 89 this year. My brother refuses to return my calls concerning her. I haven't heard from her in over a week. I sent out Texas City police to do a wellness... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My husband an I live with my father in law. Can my husband make me move out? Or can he put my stuff on the curb?

We have been legally married for almost 11 yrs but we have both been incarcerated during this time. He actually spent 7.5 yrs of the 11 incarcerated then I was incarcerated 18 when he first got out. He says we're separated an he can do what he wants but we have been living together again... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 18, 2022

His father can evict you.

1 Answer | Asked in Family Law and Probate for Texas on
Q: What kind of attorney do I need in order to file a probate proceeding on my late husband's estate?

My late husband's death certificate is incorrect and needs to be amended in order for me to collect the rest of his estate.

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You need a probate attorney to file a probate proceeding.

You do not need a probate attorney to correct his death certificate. You can fill out the form and pay the fee. See the following link: https://www.dshs.texas.gov/vs/doc/Texas-Death-Certificate-Change.pdf

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 13, 2022

The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... Read more »

0 Answers | Asked in Family Law for Texas on
Q: I recently received a Denial from the respondent for a protection order- what do I do now?.

Alleged sexual assault (my daughter) case with CPS. history of Harassment & intimidation from respondent convinced me to be proactive about protection order while CPS investigated. We have been divorced since 2018, joint custody of child- but I have primary residence.

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