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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
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1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: I am pregnant by a man who has a felony warrant. This happened in Texas. Is it true my child can be taken by cps?

We are in Texas, I am pregnant by someone who has a bench warrant/ felony. He received it for theft, after his third theft and continuous violation of probation they finally gave him a felony. In his past he has family violence misdemeanor (fighting w his brother). I was recently told that if I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Yes, if you are arrested for harboring a fugitive, CPS will likely take temporary possession of your child until he/she can be placed with a relative or foster family as long as you are in jail.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I press charges on my ex MIL for getting my phone blacklisted because I won’t let her see my child?

I left my narcissistic exboyfriend. His mom has always had a vendetta against me. If she doesn’t get her way , or I withstand my boundaries when she tries to control me, she threatens me with cps, cutting my service off (which I told her to so she couldn’t hold it over my head anymore), and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

I don’t understand what crime you think your MIL committed.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Trying to understand what is needed to prove a mothers negligence in custody of children for father to receive custody

Known abuse/neglect to the children however is covered up when needed and never seen by authorities. The mother is a very manipulative person and has tried to put several things against me (the father) that ends up failing or getting disproved. Mother has said if I don’t get back together with... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Child custody determinations are fact specific. All of the items you described can be helpful evidence in your child custody determination. While Texas law favors joint custody, your particular facts can lead to a sole custody decision.

An experienced family law attorney in your county...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: The father and I have 50/50 custody, but I want full custody. Am I able to go back to my case and request that change?

My family and I are planning to move next year to the east side of our town. The father lives in New Mexico, making it a very long drive that our daughter would have to suffer through once a week for visitation; she's only three years old. He can't afford to put her in daycare and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

This is a typical “bread & butter” custody case. You can file a motion to modify your custody arrangement with the court. Whether the court will grant your request will depend on all of the facts and circumstances shown by the evidence presented in your case.

You should consult a...
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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have a great opportunity to go to Germany for a year or two. Can my ex keep me from leaving with our child?

I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of... Read more »

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

As long as you are willing to bear the cost and inconvenience of international travel so your ex can exercise his periods of parenting time with your child, you may very well be able to temporarily relocate to Germany.

It will be a lot easier logistically if you work out the details with...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

If the facts are as you state, and there aren’t additional facts which may materially affect the decision, it is highly unlikely your ex-boyfriend will be awarded full custody of your child.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 22, 2023

In Texas, sole custody is typically only considered when there is evidence of abuse, neglect, drug use, or alcoholism by one of the parents that would place the child in danger. This is because the state's primary concern is the safety and well-being of the child.

In cases where there...
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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".

My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.

John Michael Frick
John Michael Frick
answered on Jan 19, 2023

For purposes of what possession schedule applies, the distance is “as the crow flies.”

Since there are two driving routes less than 100 miles, the distance is unquestionably less than 100 miles.

The choice of driving route is up to the parents, but doesn’t impact what...
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2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 9, 2023

You need to call legal aide and see if you qualify for a free lawyer

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1 Answer | Asked in Child Custody for Texas on
Q: My ex has filed for custody of our daughter we were not married and there is no court order. What do I need to do to be

The mother moved out two years ago and left our daughter with me.last mother day she picked her up and was supossed to bring her back and didnt.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 5, 2023

You will need to retain a lawyer and file a petition in court to get awarded custody of your daughter, Your ex does not have to bring her home if there is no court order,

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I don’t want my son seeing his dads mom due to past abuse, can that be court ordered?

When my son was 2 his dads mom abused him, contact was cut - no cops called & dad agreed. 5 years later noncustodial parent (dad) is brought him back around her. I have a custody order in place, I am primary. His ex wife filed for divorce for full custody due to his inability to care for their... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 1, 2023

You would have to retain a lawyer and file a Motion to modify to get an injunction to keep ex mother in away from your son,

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: Can cps threaten my wife not to talk to me and keep my kids away from me?

I'm being accused of assault against my teen stepdaughter. cps has gotten involved and has threatened my ex and my wife about not letting me see or speak to my kids. My ex and I have gotten a judge to approve me having contact with and seeing my teenage son. But my wife wasn't aware of... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 31, 2022

Sexual abuse is a very serious allegation. Cps will place your kids in foster care if you wife does not comply. Retain a lawyer to refute the false allegations. You may want to take a private pologragh

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Homeschool in Texas.

Can a non custodial parent be charged with truancy for not completing curriculum or dropping them off at the custodial parent’s house during school hours to complete work during a weekly visitation?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 31, 2022

I would assume the primary parent would be charged with truancy, You could file a Motion to Modify and get custody so your child could get an education,

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If parent fails to provide health insurance after being ordered by the court, who’s responsible is it to pay bills?

Mom was ordered to apply for Texas Medicaid by court, Dad is paying for premium to the state of Texas. Mom refuses apply and is asking dad for 50% of medical expenses. Per court documents “a parent ordered to provide for Health insurance … who fails to do so is liable for necessary medical... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 29, 2022

Mom should be 100 percent liable under most orders

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: My child is 16 years old , and wants to live with me her father the custody parent won’t let her come live with me
John Michael Frick
John Michael Frick
answered on Dec 28, 2022

This sounds like a straightforward bread & butter custody modification case. Any competent family law attorney ought to be able to handle such a case in less than a year for $10,000 or so, unless there are other facts you haven’t mentioned that make it more complicated.

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1 Answer | Asked in Child Custody for Texas on
Q: How can I withdraw my 17 yr old nephew from school to another school, if his mom is on life support and dad is not aroun

What are my steps trying to get custody and moved to where I live and attend school

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 27, 2022

Retain a lawyer. Is mom mentally ok or is she in a coma .

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Should I file for modification of custody? Can my child speak to the judge?

My ex & I divorced 7 years ago. We followed our decree for a bit, but after everything settled, my ex and I never went by the decree & worked out visitation on our own. He became a truck driver is why. Our child would see him & spend the day with him every single time he was available... Read more »

John Michael Frick
John Michael Frick
answered on Dec 27, 2022

You can file a motion to modify the terms and conditions for possession and access by the other parent and request temporary orders. It is highly advisable you retain a competent family law attorney in your area to assist you. The attorney will know the judge’s predilections when it comes to... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Married to a Canadian women we have two children born here in the US

Can she take them out the country without my consent legally?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 19, 2022

You need to file for divorce and get a injunction that the kids can't go to Canada. Without a court order she can go where ever she wants

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Step mom hurt my 11yo months ago. Can I request supervised visitation?

Stepmom hurt my child physically and emotionally. Police, EMS, CPS and counseling services were offered to my son to help him after the traumatic experience. Stepmom is now back in the picture and I am concerned my kids are not safe when they visit their dad.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 19, 2022

Retain a lawyer and file a Motion to Modify requesting supervised visitation,

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