Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?
answered on Jun 1, 2023
In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.
In a situation where one spouse... Read more »
Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me
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answered on May 26, 2023
If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.
If you have a drug habit, or other major problems, don't waste your time.
You should get a good lawyer to file for you.... Read more »
Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... Read more »
answered on May 12, 2023
If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.
However, if there is a Texas... Read more »
My child is 15. Me & his father were never married and have nothing legal in place. It has always been verbal agreement. I would like to have child support go through the AG but I fear it will appear as I am refusing visitation. But I am not. Dad gives his time up and our child now no longer... Read more »
answered on May 3, 2023
You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.
It is important to note that each case is unique, and outcomes can vary based... Read more »
Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.
The father has been there for the kids day to day things, worked and supported the family financially... Read more »
answered on May 3, 2023
When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.
In a situation where one... Read more »
answered on May 3, 2023
If you are being denied court-ordered visitation time by the other parent in Texas, you can take the following steps to file for enforcement:
Review your court order: Carefully review the court order that outlines your visitation rights. Ensure that you understand the specific details and... Read more »
My son's dad is being charged with aggravated assault with a deadly weapon and endangerment of a child/criminal negligence.
The only thing he has on his record is a dismissed misdemeanor of a discharge of a firearm. There were two minors at the scene who witnessed everything. When... Read more »
answered on Apr 28, 2023
In Texas, Aggravated Assault With a Deadly Weapon is a second degree felony in Texas which carries a potential jail sentence from 2 to 20 years along with a fine of up to $10,000. Child abandonment or endangerment can range from a state jail felony (180 days to 2 years) to a second degree felony.... Read more »
My ex disappeared nearly 5 years ago. No child support dropped insurance . I recently found out he is in prison for a crime against children. I want to know my options for termination of rights or gaining 100% custody. I want to protect my kids . I have no idea if when he is getting out but want to... Read more »
answered on Apr 27, 2023
In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... Read more »
I requested all communication go through my retained lawyer for a termination of rights case in Family law. There is also an existing court order stating no communication outside of a court appointed app between parties. If a lawyer does not abide by the request what can be done? Does this violate... Read more »
answered on Apr 23, 2023
Rule 4.02 of the Texas State Bar Rules prohibits a lawyer from communicating with a person who is represented by another lawyer. There are certain legal documents that must be personally served, for example citations, subpoenas, show cause orders. A lawyer who violates this rule can be... Read more »
answered on Apr 21, 2023
Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... Read more »
I love my child & want to visit him during his school lunch, my child wants this as well. My ex says I'm forbidden to visit during lunch because the decree doesn't mention lunch. I know that Texas Family Code Sec. 153.073 says
"(a) Unless limited by court order, a parent... Read more »
answered on Apr 14, 2023
Your ex is incorrect.
Like the Texas Family Code explicitly states, unless your divorce decree limits your right to attend school lunches, you have that right. The omission of a portion of that language from your decree is just like if they hadn’t put anything on the subject at all in... Read more »
My daughter had died and the child's bio father isnt in his life nor on his birth certificate. I have raise the child with my daughter since birth. Who is able to get custody of the child? Or does the common in law spouse gets him? We all still live together. The common in law spouse, child,... Read more »
answered on Mar 29, 2023
As a parent of a deceased parent of the child, you do have standing to bring a suit to obtain managing conservatorship (or custody) of the child. Your burden will be to prove that you have had substantial past contact with the child, which it appears that you have if you've raised the child... Read more »
I have to submit the days I want my kids for the summer. Right now, they are 4 and 2. Mom states she isn't sure if she will put the 4 year old in preschool. Our days are due by April 1. This last year, we went by the school district the mom lives in. She said she may put them in a charter... Read more »
answered on Mar 27, 2023
This is a loaded question, but unfortunately, an all too common one. It is an issue that can have a split answer between attorneys
Most standard Texas court orders state that you go by the "elementary or secondary school in which the children are enrolled or, if the children are not... Read more »
I have no history of violence no abuse towards our boys and Friday I went to pick them up and they were not there..the teacher handed me a paper which was a restraining order for me not to be around my kids. My husband came and picked them up and went back to Dallas where he hs been staying for the... Read more »
answered on Mar 27, 2023
You need to hire an attorney to review the file of the court that issued the TRO. Your husband would have needed some serious factual allegations (like you took the kids and left without telling him) in order to obtain a TRO.
Fortunately, a TRO is only good for a couple of weeks before the... Read more »
answered on Mar 24, 2023
To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.
If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not... Read more »
I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9
answered on Mar 22, 2023
You should have an experienced attorney carefully review your court file.
If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.
If you weren’t served with your ex’s... Read more »
We have court order for child. Out of money but the opposite lawyer now wants jury trial. He stated he was pro bono in front of judge ,so why do we have to pay for an already won case and court order because they didn’t like the outcome or the judges final decision .
answered on Mar 20, 2023
A party who timely requests a jury trial is entitled to one. A timely request must be made before your final trial.
You say you have won custody, so there must have been a final trial.
I’m going to guess that when you say you won custody, what really happened is you were awarded... Read more »
(1) the possessory conservator shall have possession in
even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall... Read more »
answered on Mar 10, 2023
This is one of these unique possession periods on which not even all attorneys can agree.
The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the... Read more »
When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... Read more »
answered on Mar 8, 2023
Additionally, in reading your question further, it very well could be that, based on how he structures his summer possession with his weekend possession, his overall possession "during the summer" would exceed 30 days. But, he only gets 30 days of "summer possession".... Read more »
When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... Read more »
answered on Mar 8, 2023
When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the... Read more »
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