Get free answers to your Child Custody legal questions from lawyers in your area.
FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county
answered on Nov 18, 2024
Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More 
Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.
answered on Nov 7, 2024
You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.
You will want to present... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More
answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.
answered on Oct 2, 2024
The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More
Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More
answered on Sep 30, 2024
Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More
I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home
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answered on Sep 22, 2024
If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More
I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home
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answered on Sep 22, 2024
If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More
I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More
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answered on Sep 18, 2024
Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.
If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a... View More
She has no family or friends to help in Texas
answered on Sep 12, 2024
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
My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More
answered on Sep 6, 2024
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
Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More
answered on Aug 30, 2024
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
Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More
answered on Aug 14, 2024
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
My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More
answered on Aug 13, 2024
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
I live in Texas with my daughter, but her Dad lives in Louisiana. Lately, he's become aggressive and can't stick to the orders. He recently filed a report with CPS with false allegations. I'm needing to enforce the orders and modify them in Texas. I understand there's a motion... View More
answered on Aug 1, 2024
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
No court orders. Not married. 3 children.
answered on Jul 23, 2024
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.
it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.
answered on Jul 23, 2024
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
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
answered on Jul 18, 2024
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.
My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.
answered on Jul 9, 2024
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
We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.
Does holiday vacation override weekend visitation for summer?
Is NCP entitled to weekend visitations?
answered on Jul 5, 2024
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).
We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.
Does holiday vacation override weekend visitation for summer?
Is NCP entitled to weekend visitations?
answered on Jul 5, 2024
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
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