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

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... View More

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

You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.

I strongly recommend that you make sure your child support payment history is accurate and shows that you have been... View More

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

Under the Uniform Child Custody Jurisdiction Act, Texas becomes the "home state" of the child once the child has resided in Texas for six months. If your child has resided in Texas for at lease six months, you can simply file a motion to modify in a district court with family law... View More

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts... View More

For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More

Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.

You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid... View More

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history.... View More

Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.

You can purchase the Manual at... View More

A geographic restriction in a divorce decree is a COURT ORDER. The parties cannot modify a court order by agreement--even a written one. The agreement might be enough to prevent the most dire consequences of a subsequent motion for contempt or enforcement between the spouses, but there are... View More

You should contact an attorney who practices family law in or near the county where your child lives to discuss the possibility of filing a motion to modify the possession schedule. That attorney will advise you, based on the particular facts and circumstances of your case and their knowledge of... View More

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answered on May 28, 2024

What she is able to do depends on what your Order says. You can always file for a modification of the current order if the current order does not allow such protection of your son. What the court would do would be largely dependent on the County and what belief's or biases the Judge you... View More