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Texas Family Law Questions & Answers
0 Answers | Asked in Adoption, Child Custody and Family Law for Texas on
Q: how can I go about adopting a child I took care of but now my ex is keeping me from the child. we aren't legal guardians

we aren't the legal guardians that's still with the gma whom i have contact with who he is also not allowing to see the child. I want to know what my options are and what it is i can do. I've been battling for months in my heart trying to figure out who can help or point me in the... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

0 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: how can I go about adopting a child I took care of but now my ex is keeping me from the child. we aren't legal guardians

we aren't the legal guardians that's still with the gma whom i have contact with who he is also not allowing to see the child. I want to know what my options are and what it is i can do. I've been battling for months in my heart trying to figure out who can help or point me in the... View More

1 Answer | Asked in Family Law and Education Law for Texas on
Q: Can a high school teacher force a student to sign themself out of school and leave campus as a minor?

Kid in question is a good kid from a good home that the teacher for some reason has just never liked.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

No, a high school teacher does not have either the legal authority or the practical ability to do that.

0 Answers | Asked in Family Law for Texas on
Q: My child’s father took her to st Louis June 30th or July 1st but she is supposed to be residing in Texas he is incarcera

He is incarcerated and now the gf has my child I don’t know her legal name or address how do I serve her or get my child back

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Constitutional Law for Texas on
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?

I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?

James L. Arrasmith
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answered on Nov 28, 2023

Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More

0 Answers | Asked in Criminal Law, Family Law and Appeals / Appellate Law for Texas on
Q: My brother was convicted of sexual assault to a minor, which was his daughter eight years ago. They had no evidence. ??

So, my brother has done eight years already I have all of his case documents. They had no evidence except what his daughter said, who they determined to be a habitual liar. When I was in court every time witness or somebody testifying got on the stand, they made the jurors leave, I still have no... View More

0 Answers | Asked in Family Law, Child Custody and Health Care Law for Texas on
Q: what does a third party person need to to do in order to get custody of a child the biological parent lives with

Mother will be going to rehab, and dad is a registered low level sex offender. He is living with ex-wife who has no priors, and they would like to place care with dad and ex-wife/fiancé for care.

Is this possible for a temporary orders

mother is a repeat offender

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Can the opposing party call my former attorney as a witness at a hearing?

I am pro se. I just received a notice today that my former attorney has been subpoenaed by the opposing party to testify at a hearing. Is this allowed? What about privileged information such as the attorney-client privilege? The hearing is in 6 days.

Do I need to subpoena the plaintiff as... View More

T. Augustus Claus
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answered on Nov 22, 2023

Yes, the opposing party can call your former attorney as a witness at a hearing, even if you are representing yourself pro se. However, the attorney-client privilege may protect some of the information that the attorney is asked to disclose.

1 Answer | Asked in Family Law for Texas on
Q: The father of my son give a false name he had false documentation he’s name is not the name he present it himself to me

He told me he’s name is xx but in reality is J.M. I’m afraid for my child because I don’t know what this man is involved with using several identitys what should have do?

T. Augustus Claus
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answered on Nov 21, 2023

If you have concerns about the safety of your child, you should contact the police or the Department of Child Protective Services (CPS) immediately. You should also try to gather as much information as possible about the man who gave you a false name, such as his real name, his address, and his... View More

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I've been divorced for 4 years and i shared a joint account and forgot to close it and I forgot it was a joint account

, I never put any money in it until recently and my ex spouse withdrew all the money i deposited, can he do this and get away with it?

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

If you deposited money into a joint account that properly belongs to you and your ex-husband withdrew that money, you likely have a claim for assumpsit (also sometimes called "money had and received") to get a judgment against your ex-husband for the money he withdrew.

The legal...
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1 Answer | Asked in Family Law for Texas on
Q: How to amend a QDRO, removing ex wife as beneficiary? I have since remarried and need to have my ex removed.

I am attempting rollover my pension into an IRA and the QDRO has her listed as beneficiary for my half of the pension. I cannot proceed unless she signs a form acknowledging that I am moving assets. She has received her portion and now no longer responding to my calls or texts.

My former... View More

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

Ordinarily, a QDRO does not designate an employee's beneficiary. Because this is a very unusual situation, you probably should consult the attorney who handled your divorce case about why your QDRO names your ex-spouse as the beneficiary. The only thing I can think of that might explain why... View More

1 Answer | Asked in Family Law for Texas on
Q: My 12 year old has my maiden name but wants to change his last name to his dad’s last name. Can we do that?
Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023

Yes. You would need to file an "Original Petition for Change of Name of Child". It is a fairly straightforward and simple suit. The father is entitled to service on the suit because the child is a minor and would have to be served or waive service if he is in the picture and agreeable.

0 Answers | Asked in Family Law and Child Support for Texas on
Q: How can I file a non-suit to dismiss a Texas child support enforcement case that I am unable to move forward?

The Texas OAG would not allow negotiations for the enforcement to be completed during mediation without their involvement. The court keeps rescheduling the trial date, and the OAG hasn't shown up to court for their interest in the matter. I am prose, and I want to file a nonsuit due to being... View More

2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I sue my ex husband for hiding $250,000 from me and the court when we divorced in 2001? His sister lied also.

In divorce court my ex husband and his sister both lied about an inheritance of $250,000. I am angry about it and want them to be held accountable. What can I do?

John Michael Frick
John Michael Frick
answered on Nov 13, 2023

An inheritance received by one spouse is that spouse's separate property. So, in a divorce proceeding, whatever inheritance your ex-husband received should have been confirmed as his separate property. You would not have had any claim to it.

In dividing your community property, the...
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