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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is a court appointed lawyer just as good as a paid one

My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.

I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 24, 2020

The answer to your question is very fact specific and your question does not lend itself to a short, concise answer on a forum such as this one. I strongly recommend that you seek the advice of an experienced family law attorney, even if you only have enough money for an hour long consultation.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can I judge take my kids and all my rights away without having proof that I'm unfit
Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

More information is needed. However, in general, the court needs clear and convincing evidence that a person is mentally or physically abusive to their child before the termination of parental rights. If child protective services is involved in the case there are numerous reasons that a... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: MY girlfriend's parents wont let me see my daughter. Is their anyways i can force them to let me see my daughter more?

ME and the mother of my daughter are still together but its just that her parents don't like me and so they try to limit the time i have with my daughter even though i pay and have been paying for everything, both, the mother and the baby has needed.

Ty Czapla
Ty Czapla answered on Nov 18, 2020

Yes you need to file a custody suit (called a SAPCR). This is a law suit and will end with an order signed by a judge designating custody rights (like child support amounts, visitation periods, who gets what holidays etc). If your girlfriend or her parents violate this order, they could go to jail.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I terminate the noncustodial parent rights if he hasn't been actively in my child life nor will he help me with her.
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

If the non-custodial parent has failed to support the child in accordance with his ability for a period of one year, you may be able to terminate his parental rights.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my partner take my kids.

After agreeing on split custody of our 2 kids we got back together not much later. Our court orders were one week me one week with him, and both had to stay residents of Ector County. 2 years ago we moved to San Antonio because of His job. We have decided to split again.He has now been w/o a job... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 2, 2020

I suggest you hire a lawyer immediately. If the Ector Co. order is the last court order then it is in effect until a judge says otherwise.

If you want to get a new court order in your new county you will need to legally get your order transferred to the county you are in and then have the...
Read more »

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 Family Law and Child Custody for Texas on
Q: How can I go about getting grandparents rights to my 3 grandkids?

My son and his girlfriend are no longer together, however neither one is allowing me to have my grandkids for the night, even though my granddaughter (3) begs and cries to come with me. It’s very sad to have to turn and leave her crying like she does. I use to get her on Thursday’s and they’d... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 29, 2020

You would have to consult with a lawyer on this one. The threshold question for the lawyer to answer would be whether you have standing to bring the lawsuit (that is, the right to bring the lawsuit asking for grandparental visitation) as permitted by the Texas Family Code. It is a fact specific... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Texas on
Q: Can CPS keep a child's survivor benefits that the child receives and not give it back to them when they turn 18? My daug

CPS kept my daughters survivors benefits she received from her deceased father the two years she was in their care. They told me it was in a savings account for her and then told her it was to pay for her care. Can they do that?

Brad A. Thomas
Brad A. Thomas answered on Oct 22, 2020

They likely were able to do that. You can read more about the law in this situation here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502159.

If your daughter was under the care of CPS for two years, then that means they had legal custody of her during that time and Social Security most...
Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Being pregnant and French citizen, I want to deliver in France with my family. Do I need the authorization of the dad?

Hi! I am pregnant with a guy here and we broke up about a month ago. I left our common apartment to stay with my sister because he was neglecting me at home. I’ve been at my sister’s for 2 weeks and he didn’t ask for the baby even less for me. I’ve been thinking and I want to go back to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 21, 2020

As long as you have a valid passport, have no outstanding warrants for any crime you may have committed, and France would not prevent you from flying in because of the Coronavirus, then there is no legal way that your baby's father can keep you here.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hi I'm primary custodian of my daughter and about a month ago cps put her in her dad's temporary care my case is gonna

Close in the next week but recently he let me know that he was going to take me to court for custody and he said he was going to keep her even if my case is closed & even if I have court order from the judge saying I'm primary custodian till we go to court and they decided..can he do that... Read more »

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You should hire an attorney to assist you with this matter. There are a lot of issues going on in the scenario you are describing.

You are required to operate under the last court order signed by a Judge until that order is changed.

If there is a restraining order against a person...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can a lawyer broker a child support agreement when he knows his client is returning to prison and won’t live up to it?

Would this constitute any ethics violation?

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

No. Going to prison doesn't negate the fact that a person is obligated to pay child support.

***This is for educational purposes and does not constitute an attorney-client relationship***

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Separated wife needed break so she took trip to Tennessee but took my son to her mother's but didn'tgivemeoptiontokeep

She currently lives in the house and she wanted me to live with my dad but I said no so I stay in our travel trailer I pay all the bills she has no job just want to know the best options.

Yanine Dominique Krohn
Yanine Dominique Krohn answered on Oct 14, 2020

I would strongly encourage you to schedule an appointment with an attorney in your area. Whenever anyone wants to have orders specifying their rights and duties to their children, those orders have to be issued by a court with jurisdiction (i.e. authority to make orders that affect your life). A... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What are chances my son go to jail for keeping daughter from mom for protection reasons: suicide attempt, drug abuse ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 14, 2020

It depends on the facts and how the Judge views them. If the Judge believes that him doing so was necessary to protect the girl, your son should be fine. The best approach, however, is for your son to take the initiative, hire an attorney and file an Application for Temporary Restraining Ordre... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Standard Wording for Flights Parents Over 100 Miles Texas

Had a hearing and judge did not make a ruling on no plane change flights. We do not live in a city where this is an option and opposing party is writing in "no equipment change" flights.

Is this standard? They are also asking for "all travel expenses" incurred to be... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 13, 2020

I can answer the first part of your question. A "direct" flight is not the same thing as a "non-stop" flight, which is a distinction I think you are confused about. Any flight that leaves from the correct city and arrives in the city designated by the court order is a... Read more »

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.

If you guys cannot come to an agreement you can...
Read more »

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1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Texas on
Q: Can new girlfriend be home alone most the time with my child having her own children removed from home

She had 3 kids of her own that she has no right to that live with her mom. Also she spends 98% of time with my child

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

Probably yes but it depends on what your custody order says. There may be a "no shack up" clause that prevents overnight visits when your ex has not remarried.

If the new girlfriend is a danger to the child, you likely have grounds for a modification.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Mother with custody was deported, Me the father without custody Will keep child, how can get custody?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 1, 2020

You should ask the Court for an Order to make you the parent with primary custody.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

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