Lawyers, Answer Questions  & Get Points Log In
Texas Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What do I need to do to get a divorce from my husband who was deported back to Mexico? We have a 9 yr old daughter.
Jon R. Boyd
Jon R. Boyd answered on Jan 24, 2020

File a Petition for Divorce assuming you have lived in Texas the last 6 mos and you have lived in the same county in which you're going to file for for the past 90 days.

Then, though, you run into how to get him legally served.

Best you consult with a lawyer because there are...
Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how does one file for an at fault divorce based on adultery and abandonment and mental health issues

Has been multiple incidents with physical mental and verbal abuse as well as abandonment and adultery there's also one biological child in household as well as a non-biological child who is mentally disabled with autism who has also been verbally and mentally abused by spouse

Chad Zubi
Chad Zubi answered on Jan 23, 2020

You would need to assert your grounds for the divorce in your petition. Issues regarding children will also be dealt with during your divorce. Child issues consist of things like rights and duties regarding the children, child support, and possession and access (visitation). It sounds like you... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Juvenile Law for Texas on
Q: can this document be copied and edited to accuse someone of choice no defendant mentioned

I feel during this time here in San Antonio alot of he did it she did it Crazy what money does to a state written by Felica marie gallegos from fresno ca lives in san antonio texas

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your exact question, or the situation you describe. Sit down with a local attorney. Good luck.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: custody / visitation question

My son has 4 court order supervised visits by someone that the mother chooses. Every person we pick she says no about. Her excuses is she doesn’t know them. Which is not true because one of them has been in my child’s life since she was born and my ex’s life as well. Every time it is time for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 20, 2020

You need to file a motion to enforce and modify the current order.

If you your funds are low I would suggest that you start thinking about how you can gather funds to hire a lawyer. Maybe you can save it up, borrow it, sell something, or pick up a side hustle. It may take you awhile, but...
Read more »

1 Answer | Asked in Child Custody for Texas on
Q: How does it work when a child is included/not in the protective order and there is already a custody order in place?

Im a victim of domestic violence back in Dec. Were going to court for a protective order Wednesday, trying to include my daughter in it. Just trying to figure out what happens to the custody order if she is included or if she isnt included.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 19, 2020

You should get your own attorney so you don’t lose custody of your child. Good luck. 888-343-4529.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What does a father need to have for a compelling case in order for him to have custody of his children.

Mother and father were never married. And mother chose to leave

The father has a stable income and a house for the children. He also has a minimal criminal record in the past.

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

Mothers and fathers are equal under the law. It boils down to what the past history of caretaking has been, what the future caretaking plan is and what is in the best interest of the children.

There are also factors related to financial ability to care for the children, living...
Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My CPS investigator recommended FBSS, should I agree?

My son's great grandmother took him for a hair follicle, without my consent. He tested positive and she called CPS. The investigation has been open for almost 90 days with little contact from the investigator. They asked me to leave the home, leaving my son with his great grandmother. I have yet to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Hire a lawyer ASAP.

2 Answers | Asked in Child Custody for Texas on
Q: Can I hire a lawyer if my husbands lawyer won’t represent me in a custody case?

This case has been going on for a year or so, he is trying to get custody of his son. His parents have custody at the moment. The mom has three endangerment charges out of a Harris County. And a possession charge, and these are all recent. She doesn’t want me around her son, and she just filed... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 16, 2020

Each party should have their own attorney. Good luck. 888-343-4529.

View More Answers

1 Answer | Asked in Child Custody for Texas on
Q: could my ex-husband get custody of my teenage daughter.

My husband and I are in the process of getting a divorce. We have 2 children-13 year old daughter and 8 year old son. My teenage daughter got upset with me and now has been with her dad for 2 months not wanting to come back home with me. I have been under severe stress and have lost my job. When... Read more »

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

The court will decide the issue based on the best interests of your children. Therefore, either parent can have primary custody. Courts don’t like to separate siblings.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: The mother of my unborn sin is trying to keep me from seeing my child be born or see him. I don't know what I should do?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 14, 2020

File a suit for parent child relationship in family court but first go consult with a family law lawyer and do it quickly to save yourself the aggravation of fighting with the mother.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What should I do if my unborn son's mother is already threating me with not being able to see my child be born

She is also threatening me with not being able to see my child and is refusing to give my son my last name

Jon R. Boyd
Jon R. Boyd answered on Jan 14, 2020

You will need to file a petition in suit affecting parent child relationship. Either to establish parentage thru DNA testing or, if you're able to sign an Acknowledgement of Paternity, that will make you the legal father and then you're past having to prove your're the father and you will deal with... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I need assistance with custody of my 4&6 year old.

My husband & I both want to keep full custody.I want to avoid fighting

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 9, 2020

That’s awesome for you all to come together for the benefit of your child! You should be able to obtain an attorney who can explain to you the options so that you can proceed accordingly. It will be less costly since you all agree. 888–343-4529. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My sister's husband gave her a week to move out of their house . Who has custody of their baby?

He owns the house and said that he is going to keep the 9 month old baby. Without a custody hearing can he legally prevent her from seeing the baby, and can she take the baby with her when she moves into my place?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

Someone needs to get immediate legal temporary custody of the child without it both parents technically have rights to the child; however, the Courts will usually lean towards the mother of a baby especially if breast feeding or similar.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If you're seperated are you allowed to remove items from the home and property
Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 8, 2020

Until you have a court order that says anything different the property can be taken by either party. In order to avoid that you have to file a motion for temporary restraining order as it relates to the property issues. Let us know if we can help. 888-343-4529. Good luck.

View More Answers

2 Answers | Asked in Child Custody for Texas on
Q: is someone able to file papers for full custody without a lawyer if the other party is willing to sign them?

Can a lawyer help fill the documents instead of hiring for higher amount of pay?

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 7, 2020

Yes you could. But, it is more prudent to employ an attorney. Drafting an incorrect order will lead to serious consequences down the line. Good luck.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: My son's mother is putting me on child support My son has lived with or been with me more! What should i do?

My son was 2 his mother and i agreed to call it off. He lived with her for a few months before living with me for years, up until kindergarten. He moved with his mom and his 3rd grade year came back to live with me. Including weekends, summer and holidays i have had my son more! I received notice... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 7, 2020

You’ve a lot going on. You should have hired a lawyer at 1st. Now, you’re going to have to probably be stuck with following the order in place.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Texas on
Q: a runaway teen

im 17, almost 18 in a couple of months. i was taken from cps at around the age 11 maybe and then lived with my grandma because she took my custody i was 13 /14 at the time. after living there for a while i got in a huge fight with my older cousin ( male ) he almost got violent with me & that day... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 6, 2020

If anyone were to face criminal charges (or contempt) in this situation it would most likely be your mom. If you come back to the States before your 18th birthday any adult you stay with could be charged with Harboring a Runaway Child.

1 Answer | Asked in Child Custody for Texas on
Q: Non-custodial refusing to return child

I am the domiciliary parent of my 9 year old daughter. Her father has joint physical custody, but he lives in another state. Our agreement was written and signed in Plaquemines Parish, Louisiana, he resides now in Mississippi, and I live in Texas. It states that she primarily resides with me, with... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 5, 2020

Since your order is effective in LA then you have to start there to enforce the order already in place. Possibly you may be able to have it modified in Texas if certain factors are in play. Good luck 888-343-4629.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can I legally (permanently) stay with my stepmom during a divorce?

My father is an alcoholic and my parents are always fighting. They plan on being divorced Jan 09, 2020 and my stepmom wants me to live with her. I feel like I would be better off living with her. What steps could I take to make this official?

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 5, 2020

She may have standing to assert the position you’re requesting. Maybe, all will just agree that it is your best interest so you can move on with your life. An agreed order could be drafted. Good luck.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a father is on supervised visitation, can the mother move to a different state w/o reporting to court

the youngest daughter (13) wants to move with her dad so the mom moved from Texas to Florida without telling anyone. How do the visitation work with this situation? And was the mother supposed to report that she was moving?

Jon R. Boyd
Jon R. Boyd answered on Jan 2, 2020

It depends on your current court order. Usually, most orders contain a geographical restriction which orders that the custodial parent cannot move the child away.

You should immediately call me or consult with an attorney of your choosing. You have options. I am well versed on this issue....
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.