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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... Read more »

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: can a custodial parent leave to another state with child if a child support order exist, we are still married

my wife and i are separated and she moved from San Antonio TX to Henderson NV, she did not notify me that she was moving. I have not seen my son since April, because she has been using covid as a reason, but she sent my mother a letter that she left town along with photos of my son from trips she... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 2, 2020

If there is an Order in place authorizing you to have visitation, she cannot legally use the COVID crisis as a reason to deny you visitation. Also, if there is a geographic restriction on your son's residence, she may be in contempt for moving your son out of that area.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Hello , i was wondering if i can get some information on what i should do about rights of my children

My wife and i have been separated for about 4 years now. i haven't seen or talked to my kids in 2 years. She has cut off all communication to where i cant talk to the. All i want is something to do with my kids

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you guys are not divorced, you need to hire a divorce attorney to file for divorce and get court-ordered visitation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Is this normal? What can I do? Can he win custody of 1 kid?

Why

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

Family law cases are very fact specific. You will need to consult with an attorney about the specifics of your case. It is possible for a person to win custody of 1 kid if the facts support it. If the facts do not support it, the lawyer you hire will be able to point that out to the Judge.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I fight a courts desicion in my cps case or is that it?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 23, 2020

If a Judge made a final ruling against you in a CPS case, you have the right to appeal the case to the appropriate Court of Appeals. However, the deadline to file a Notice of Appeal may be accelerated in your case, so you should consult with a lawyer who handles appeals as soon as you can.... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What can I do if custodial parent has moved out of designated court ordered county?

In the state of texas and court order says child should reside in either Comal or Guadalupe county. Custodial parent has moved to a different county and did not notify non-custodial parent of move. What can non-custodial parent do to get child back in designated county?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 17, 2020

You can file a Motion for Enforcement and ask the Court to order the other parent to bring the child back, or, alternatively, award you primary custody.

2 Answers | Asked in Adoption, Family Law and Child Custody for Texas on
Q: Is there a way to get temporary guardianship without going to court?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 16, 2020

No. You cannot get a legal guardianship with filing the appropriate pleadings in Court.

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: At what age can a child decide on their own which parent they want to live with?
Chad Zubi
Chad Zubi answered on Aug 10, 2020

They can decide on their own when they are 18, but a court is required to take a child's opinion into consideration if they are aged 12 or up, if they are under 12 then the court may or may not take their opinion into consideration. The child's opinion is not controlling and the court... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Child father threatened he will not be bringing my son back home. What can I do legally? Son lives with me /breast fed

Child is 5 months. Father is not financially stable and doesn't have a stable place to live. I dropped him off to spend time with his dad and now he's saying I will not get him back. I need to know what can I do to get my child back? He's under the influence of drugs most of the... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 6, 2020

If there are no Court orders in place establishing primary custody, you will probably have to file a Petition to Establish Paternity. From what you have described, you may also need to file with it an Application for Temporary Restraining Order and an Application for Writ of Attachment to get your... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: CPS filed a non-suit and awarded me sole managing conservator in one letter. What visitation schedule is used?

There have never been any final orders made. The previous temporary orders gave my ex wife 1 hour of supervised visitation a week. Before CPS was involved she received 50% of the time.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 3, 2020

It is difficult if not impossible to answer such a specific question on a specific case. I suggest that you contact a lawyer and show him or her whatever paperwork you have. However, based on the way you wrote your question, if there were temporary orders in place before CPS got involved, then... Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My ex husband custodial rights over my two children. He was violation our our orders and refused me any contact

For two years he kept me and my family from any contact. Recently CPS removed the children from his and h8s mothers care, placing them with my parents, due to both him and his mother failing drug test for meth. My son (5years old) also faimed for meth from being exposed. What steps can I take to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 31, 2020

You need to file a Motion to Modify you custody Order, and Application for Temporary Restraining Order against your ex and an Application for Writ of Attachment to request that the children be placed in your custody.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have primary custody of my two sons and the aunt got joined custody of my sons but she does not obey the court orders.

I need to know what to do about this

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 29, 2020

You can file a Motion for Enforcement by Contempt.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my girlfriend deny me from picking up my 18 month old daughter without her being present?

I always have to wait for my girlfriend to get out of work before I can see my daughter. She is always left with my gf's parents. My gf and I do not live together. There is no court order. I do have her covered under my health insurance and help provide financially.

Chad Zubi
Chad Zubi answered on Jul 27, 2020

Without a court order saying otherwise, you have the same rights that she does. Therefore, you can pick up your daughter whenever you want to, even if the mother is not present.

Without a court order, the mother can keep the child from you and you can keep the child from the mother. To...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Refusing to go back to moms

Have a 50/50 schedule with daughters mom. My daughter is refusing to go back with her mom. What are proper steps I should take?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 22, 2020

The answer to your question requires knowledge of many additional facts: How old is your daughter? Why will she not go back? Has she been abused? You should probably consult with a family lawyer directly.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Ex decided to not make me be supervised w/my kids anymore. now he’s mad at me and has demanded I now have a supervisor

Divorce decree says I have to be supervised when I have my kids by one of three of my family member's. (this is due to me not showing up for court for our divorce he won by default ) After doing this supervision deal for almost 2 years my ex then decided that there was no reason for me to have... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jul 17, 2020

Hire an attorney to file a modification of your current order. Gather all your documentation and witnesses that can attest to the fact that you have been with the kids on numerous occasions and give it to your attorney. Until you get a new order from the court you are to follow the current order.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Quarantine for 14 days

Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 13, 2020

The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... Read more »

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