Get free answers to your Family Law legal questions from lawyers in your area.
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 
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answered on Apr 13, 2025
If you were forced to sign a temporary custody agreement, it’s important to review the circumstances under which you signed it. Since there were witnesses present, they may be able to provide insight into whether any coercion or undue pressure was involved. You can present this information to the... 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
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answered on Apr 13, 2025
To protect your daughter’s safety and ensure her return, the first step is to file for formal custody through the court. Since you don’t have a custody agreement in place, the court can establish custody and visitation arrangements, which would provide clarity on your rights and the father’s... 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
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answered on Apr 13, 2025
He cannot legally override your joint custody arrangement just by telling you to leave the home. Joint custody means both parents have a legal right to make decisions and spend time with the children, and one parent doesn’t get to take full control unless the court modifies the order. If he tries... 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
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answered on Apr 13, 2025
Given the serious threats your child’s mother is receiving, you have valid concerns about your son's safety. In this situation, you should immediately seek an emergency custody order through your local family court, clearly outlining the threats and potential danger to your child. Document... 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
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answered on Apr 13, 2025
In Texas, to establish your authority over funeral arrangements as a common-law spouse, you need to promptly file a petition with the probate court in the county where your husband passed away. Present clear evidence of your common-law marriage, such as joint bank accounts, shared residency, or... 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
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