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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Texas on
Q: I the mother , and the dad signed a notarized letter giving custody of our son to his grandma,how do we get him back?

The grandma always said we can have him back when we wanted but now she won't give him.

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 29, 2020

It’s going to depend on what exactly the document that you are referring to. You may just be able to go get your child or may have to take court action. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: If I get a job can we have joint Custody of our kids and an easy divorce? We was gonna divorce last year and didn’t

Cause we was trying to make it work but he is real hateful to my mother and if he gets angry he talks to me like crap in front of the kids

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Employment can solve many problems, it may be make your divorce easier.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I deny my son's father from taking him for his weekend due to covid-19 and the fear of him not returning him on tim

I live in Justin Texas my son is 13 I have had primary custody of him since he was 3. My sons school shut down on March 27th because of covid-19 they may be shut down longer than that. Ever since my ex husband heard about this he has been trying to get me to give him extra time of mine, of course I... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas Supreme Court has issued an order that with schools out, and the Pandemic you should still follow your order such that school was in session. https://www.txcourts.gov/media/1446251/209050.pdf

1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: What are the consequences of a 16 year old girl running away to her biological mother who doesn’t have custody??
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

You can get a certificated copy of your order and call the police and make a report. The could bring charges, but many times in Texas will not. You can take a copy of the order to the other parents house, call the police and demand turnover. If the child looks like she is over 18 and speaks... Read more »

2 Answers | Asked in Child Custody and Divorce for Texas on
Q: My wife will not let me see my daughter without her being there. We are not divorced yet. What do I do

My wife left with my daughter last September. We are not divorced yet but she says I can not see her without being supervised. Also every time she wants to set up a visit it is concierge for her only or if she is wanting something.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

You need to get a family law attorney and go to court to get orders specifying when, where and how long you and her get to see your children. That way if it is “your time” and she refuses you can seek enforcement from the court, which can include jail time for her.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: when does a modified possession end
Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 27, 2020

When the child turns 18. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can I get custody if I do not work yet
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 25, 2020

As you asked this in a Texas forum, the court looks at the best interest test in awarding custody to one parent. The factors in the best interest test are called the Holly Factors and a short video can be found at the link below. https://www.youtube.com/watch?v=Re4LE3K643Y

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Spouse moved out and now is under cps investigation do I have temporary custody until the case is closed
Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 24, 2020

Texas answer. Just because your spouse moved out and is under CPS investigation doesn’t mean the spouse doesn’t have the same rights as before. Orders signed by a judge would dictate. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: Can I get custody of my grandchild after being charged with abandon with criminal neglect, if I have changed my life now

I have been clean since they took him from my home. I didnt have custody then. My daughter left him with me. I relapsed. and then let someone smoke meth in another room of my house. I have been babtised. I am working now. I bhought my own car. I go to narcotics anonomus twice a week. and have taken... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

I am happy for you. Great job, however the answer depends on whether your parental rights were terminated. If not I'd say courts would rather keep children with family members when possible so you have a decent chance. Best of luck to you.

1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: The mother moved out of state without my consent or the courts. She also has a gross misdemeanor charge. Custody rights?

She moved out of state and interfered with ability to speak and visit my children. She was held in contempt of court for that. She also has no job, and an active warrant for a gross misdemeanor for injure or tampering with a vehicle during a custody exchange 2 years ago. Will this affect her... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 29, 2020

Yes those are factors that are important in custody determinations. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Texas on
Q: Do I have rights to a jointly owned property after my divorce if it was put on the decree after I signed it

My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »

Victoria Collins
Victoria Collins answered on Feb 27, 2020

A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: my wife had an affair,now pregnant, does the man have any legal rights, or can I raise this bay on my own w/ out Custody
Miguel Angel Salazar
Miguel Angel Salazar answered on Feb 24, 2020

As her husband you are the presumed father of the expected child. As such, you are presumed to be one of the parents with legal rights. The biological father would have to start a suit affecting parent child relationship to claim his rights. If that is done a paternity test would be ordered. If the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My husband’s ex wife has been harassing us for months and now they have gone to court. She is now demanding our physica

Address. Do we have to give it to her or can we just provide it to the courts

Sharita Blacknall
Sharita Blacknall answered on Feb 22, 2020

It depends on what your court order says. If the court order says that it was to be provided and you don't want to provide it then you need to get court order modifying that provision so that it no longer has to be provided. But, you must give judge a justifiable reason and provide proof.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I need to regain primary conservatorship of my child. What legal documents do I file first?

I have a 6 yo child. The father was married (estranged). We went to court in 2018 to establish paternal rights, joint managing conservatorship, joint possession and access, weekly possession on Alternating weeks, etc. The father is in violation of the court order and has taken full possession of... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 22, 2020

Your situation is complicated. You should explore your options of getting funds to retain an attorney. You should do this as soon as possible because the longer you allow child to be at father's the more difficult it will be to get her back.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: If I have proof,calls of him physically abusing me will this help me with him not getting custody when my child is born?
Sharita Blacknall
Sharita Blacknall answered on Feb 22, 2020

Courts take family violence very serious.

Courts will do what is in the best interest of a child. It is not in the best interest of a child for an abusive person to have custody. However, an abusive person can get supervised visitation in some instances.

You should provide your...
Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Texas on
Q: Can i get in trouble for lying to AG about having insurance for my child and have your ex pay me for “insurance”per CO?

N

Grant St Julian III
Grant St Julian III answered on Feb 17, 2020

You can go to jail for contempt of court by not obeying a Court Order. Make no more statements or admissions regarding this matter.

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1 Answer | Asked in Child Custody for Texas on
Q: Legal custody

Your Question:edit text

Finalized a divorce. Father has long drug history. Was given a court ordered drug and failed. Final decree was written for the father to have 6 months supervised visitation but it was not put in the decree that he was to be given another test after the 6 months. Do I... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 15, 2020

Sounds like you need to set up a consultation with an attorney to thoroughly review your order before proceeding with any restricted courses of action on your part. Good luck 888-343-4529.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My sons mom and I are unmarried she filed through the OAG. Can I file for 50/50 custody and get the AOP from the CSRN?

I am a great dad. She took my son & moved 100 +mi away & filed with the OAG in her county after we had a good 50/50 custody going for months here. I don’t mind paying child support, but she’s keeping him from me. I want 50/50 custody. Can I file for custody in my county before the OAG... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 30, 2020

If you have not answered or showed up in court yet you may be able to request venue change. But, it has to be done as your 1st pleading or with your first pleading. An attorney should be consulted. Fight for that custody issue if that’s what you’ve been doing. Good luck. 888-343-4529.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What are the chances of my wife gaining custody of children in divorce with false claims? She is manic bipolar.

My wife has mental health issues, multiple attempted suicides, and been court ordered to stay at mental health facilities. She is diagnosed with manic bipolar. She is now making claims to me that she is going to say I have raped people and that I abused her physically and mentally. I have video of... Read more »

Victoria Collins
Victoria Collins answered on Jan 28, 2020

Nobody can guarantee an outcome one way or another if the court is forced to make a decision regarding your children. However, If you can back up your claim with hard evidence the likelihood of a court awarding sole custody to a person with mental health issues is unlikely. In these situations it... Read more »

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