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Texas Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: My son 16 lives in Tx with Father I live in Louisiana how can I get visitation for my son can come with his mother

I haven't had visitation since 2013 I lost my son by default a court date I had no clue about. I'm on block his keeping my son from me to get back at me for leaving him. Is it to late to get visitation

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

Retain a lawyer in Louisiana and have the petition the court.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My daughter was in a fight with a young lady at school who started the fight my daughter beat the girl up they are now

Trying to charge her with assault the police that work at the school said we have ten days to bring her to the school to be fingerprinted or they will pick her up from the house. She was the ONLY one punished for the fight even after we’ve obtained evidence that the young lady started the whole... Read more »

Grant St Julian III
Grant St Julian III answered on Apr 13, 2022

First question: is your daughter under 17? At 16 years of age or under, juvenile law applies. At 17, she will be considered an adult for criminal law purposes (and the rules are different). Also, fingerprints are part of the book-in process which is generally not done at a school. In my... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My 12 year old was read his Miranda right and question with out permission and without parental supervision. Is it legal

My son got in a fight off school property the next day a police officer pulled him into the office right him his Miranda rights and started questioning him without parent knowledge parent supervision or parent permission and threaten him made him feel intimidated even though he was just defending... Read more »

Grant St Julian III
Grant St Julian III answered on Apr 13, 2022

A juvenile can be questioned by the police without a parent being present. Whether that statement can be used, however, can be used as evidence in a subsequent legal proceeding depends on the totality of the questioning. Has a petition alleging delinquent conduct been filed? Talking with an... Read more »

1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Juvenile Law for Texas on
Q: 17 yr F @ park with 16 yo M. M's g‐ma assaults F. F drives off w/M. F accused of taking a runaway. Police-"Felony".How?

My daughter was at a park with her bf's family. Grandma got confrontational with grandson and my daughter. Told me daughter to leave. Daughter gets in car and calls me. I told her to make sure she doesn't do anything to her bf. Bf gets in car. Gma goes to daughters driver door and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 30, 2021

1. Almost nobody actually memorizes the law. There are too many and they change too often. Any halfway decent cop, lawyer, or judge will check the statutes for all but the most common offenses.

2. Your daughter could be arrested and charged with MURDERING the grandma if a cop believes...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: 16 yrs old girl dating 28 yrs old girl that's married.. what can be done as a parent to stop this if she wont listen?

She just tried to commit suicide and pretty sure its after a fight, all the photos found in her phone are holding hand pics and faces blocked.. need help.. she is now saying they are just friends but I know that is not true.

Rick  Davis
Rick Davis answered on May 25, 2021

If the two are engaging in sexual intercourse, then the 28 year old is committing sexual assault since your daughter is not considered to have reached the age of consent.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: If my oldest child were 18+ & coerced by manipulation my younger child a minor into running away could I press charges?

Ex. My oldest has several mental health issues and oppositional defiance disorder. Once she moved out, it would be plausible she would 'get back at us' (parents) by manipulating and convincing her little sister to run away and come stay with her when things at our house were... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

It is a defense to prosecution for Harboring a Runaway Child that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. See section 25.06(b) of the Texas Penal Code.

A sibling relationship is the second...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: Kids are 5 years apart. If my youngest was coaxed into staying w/ my oldest when she moved out 18+. Can I press charges?

Ex. My oldest has several mental health issues and ODD. Once she moved out, it would be likely she would 'get back at us (parents)' by convincing her little sister to run away and come stay with her when things at our house were unfair or she were being punished. Could I press charges on... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 10, 2021

The offense named Harboring a Runaway Child does NOT apply to siblings or grandparents. See: Texas Penal Code section 25.06(b). Also, the police solve their problems with ammunition. Don't use law enforcement to solve parenting problems.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Need guidance on criminal and civil charges for an adult providing alcohol to my 15 year old.
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 8, 2021

You can report a suspected crime to law enforcement. That usually means the police department if the incident occurred inside the incorporated city limits or the sheriff's department if it happened out in the county.

1 Answer | Asked in Juvenile Law, Medical Malpractice and Health Care Law for Texas on
Q: Can a 16 year old minor be prescribed medication with only one parent knowledge and consent in Tennessee?

My wife scheduled mental health counseling for our 16 year old son. Prescription medications SERTRALINE

and FAMOTIDINE were prescribed. I am the father. And was not aware or approved of prescription medications. Can a minor in Tennessee be prescribed these drugs without both parents consent?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Hello, thanks for your question!

I am not a doctor and am not sure what those prescriptions are for, but since you're both married and this is your son, you both are free to make medical choices regarding your son, either jointly or separately.

I would suggest that you...
Read more »

1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Juvenile Law for Texas on
Q: For example me being a 17 year old can I move in with my brother but he’s in another state
Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

That depends - how do your brother and your parents feel about it? Your parents have control over where you live until you are 18.

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: She's 16. She got into a fight. When I picked her up cop told me court date in mail. Why'd Iget Probation letter instead

She got no court hearing just charged with assault causes bodily injury it says. The one's pressing charges she didn't fight with. They jumped in on her and the mom. What can I do? Anything?

F. Edward (Ed) Brown
F. Edward (Ed) Brown answered on Jan 31, 2021

A 16-year-old is considered a juvenile in Texas; therefore, the case is referred to the Juvenile Probation Department for intake. The probation department may decide to handle the matter informally without court involvement. Alternatively, the case could be referred to the juvenile prosecutor and a... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: If a minor's last name was changed in Georgia, but the father was living out of state and was never notified?

If a minor's last name was changed in Georgia, but the father was living in Texas and was never notified, is there anything the father can do to reverse it? The father's address was known and he continuously paid child support but he never received notification or gave his written consent.

Rick  Davis
Rick Davis answered on Jan 11, 2021

The answer to your question depends on Georgia law and the Georgia rules of procedure. Had this happened in Texas, the father could theoretically file a Motion for New Trial if he did so within 30 days of the date of the Judgment. If he learned about it after 30 days, he could theoretically file... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: What can I do when a judge coerces me out of my fifth amendment right, mocks me for contacting local Rep in congress?

I was belittled and coerced in a court of law by a judge and the opposing parties lawyer. The judge told me even though I was denied a continuance I requested due to inadequate representation of counsel, that if I plead the fifth that she will pursue me as guilty and if I don't answer the... Read more »

Rick  Davis
Rick Davis answered on Jan 7, 2021

You may try contacting the State Commission on Judicial Conduct. http://www.scjc.texas.gov/

2 Answers | Asked in Juvenile Law for Texas on
Q: 16yr moved in with his aunt and now wants his paper work, but I am his legal guardian,what do I do ?

the boy is my brother in law, his parent s passed away and our home burned down. he left to live with his aunt by choice, and now wants his social and birth certificate. can I give him his stuff without going through a lawyer or court? or can he use it against me in a case of any sort?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 7, 2021

You can give him his social security information and also his birth certificate. I would give him copies, not the originals, especially if he's still a child or if he's in any way likely to lose the originals. If there's anything on the birth certificate that might be upsetting to... Read more »

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1 Answer | Asked in Criminal Law, Child Custody and Juvenile Law for Texas on
Q: I have a 16 year old with a 1 year old baby in the state of Texas. She's been caught selling weed and other criminal act

She introduced cocaine and bars to juvenile. They keep giving her probation but at home she caused more havoc as much as selling weed out of our own house. My husband and I care for our grandchild. We need lawful intervention. Wat can be done?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 2, 2020

Consult with a local Family Law attorney who has experience in the area of child custody and grandparent's rights.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can a 15 year old almost 16 go to jail for lying and stealing

I adopted a my ex kid and she is lying and stealing from me I asked why and she says she doesn’t know I told her I would send her to jail and she still stealing and lying I don know what to do

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 12, 2020

Ok, this is simple. Do not call the police on a 15-yr. old child, even if she IS almost 16. Don't ever do that. I'm s criminal lawyer, and I know what I'm talking about.

Call your family doctor and get a referral to a good mental health practitioner who specializes in...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: We have a young teen living close to us,, about 13 or 14, he sexually abused his 5yr old cousin. Can he be at school

He had court this past month. The family has kept it quiet.

But the boy goes to school, rides the bus, and plays basketball.

Is this allowed?

This is in concord arkansas.

Rick  Davis
Rick Davis answered on Aug 31, 2020

Unfortunately, I can only answer questions that relate to Texas law. I suggest that you consult with an Arkansas attorney.

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