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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to let my son visit his dad after he was physically harmed?

My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Custody question: if non custodial parent does not pick up children at designated time and date, does he forfeit right?

Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.

An "interference" charge can only be pursued if a conservator takes or...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I filed a petition to modify custody, In order conservatorship it asked if there a joint can I add husband?

The petition was filed I'm just filling out orders , I'm doing this pro se. I want to ensure paperwork is done properly. Since I'm doing it through efile when do I file order . Hearings in March

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.

If you are still married to your husband and your husband is the...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can case me modified to use Texas laws ?

The custodial parent has moved to Texas from another state with our child. Neither custodial or non custodial parent live in the state that has jurisdiction over our case. I had moved from that state over 10 years ago.

Can we get the case jurisdiction transferred to Texas now that neither... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.

A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child....
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 22, 2024

A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 22, 2024

A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a 3 year old son whose biological father is not on his birth certificate.

Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is it ok for them to never fill out cps paperwork I have had blank paperwork for over a year
James L. Arrasmith
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answered on Jan 10, 2024

In dealing with Child Protective Services (CPS) in Texas, timely and accurate documentation is crucial, especially in matters as sensitive as child custody. If you have been given blank paperwork from CPS for over a year, this is not a standard procedure and may indicate an oversight or delay that... View More

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