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Texas Child Custody Questions & Answers

1 Answer | Asked in Child Custody for Texas on

Q: I'm unmarried can i leave my child with the father

Rahlita D. Thornton answered on Aug 21, 2019

You can leave the child with the father. However, there may be other issues that you need to be resolved.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: What rights do the maternal grandmother have?

Biological father and my daughter were living together (not married) he took the 3 year old child to his mother, kicked my daughter out in the street, she is now homeless, I am already raising her 1st child , half sister to 3 year old, would like to get custody of 3 yr old and raise the siblings... Read more »

Rahlita D. Thornton answered on Aug 9, 2019

If there is no order in place or other action pending then the mother has the right to get her child from the grandmother. She has to call the police and ask them to escort her to get child and inform the grandmother that she is coming to get her child if the father is not there. The mother does... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on

Q: Can my ex in Alabama deny me my court ordered visitation because I cant pay my child support ordered for travel expense?

Rahlita D. Thornton answered on Aug 6, 2019

Answers assume court order signed in Texas. You have to follow the order. If you have to pay to get the flight arrangements then your spouse does not have to pay what you are obligated to pay for them. But, you have to follow the order in to get possession at the time ordered in the order.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on

Q: Child's father refusing contact before and after birth, what are my options?

My childs father disappeared after he found out that we had a child (even though we were trying and it was planned). He hasn't changed his mailing address and he is having all of his family refuses any contact with me. I honestly want him to just sign away his rights. I have been seeing someone who... Read more »

Rahlita D. Thornton answered on Aug 5, 2019

The father can certainly give up all of his rights if there is another ready and qualified to adopt. You’ve got a number of steps to follow and because of such you should consult an attorney to assist you. Good luck. 888-343-4529.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: I am wanting to file for divorce and obtain a temporary custody order. Is this something I can file on my own?

I have two children and want to make sure they are protected but I need to get the ball rolling as soon as I can.

Rahlita D. Thornton answered on Aug 5, 2019

You could file it on you own. However, you sound like there is a serious need for attorney involvement because you state that your children need “protection”. 888-343-4529.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Right of first refusal

My daughter is with her dad 7/1-7/31. We all live in Texas. He left my daughter with his wife and came back to Texas to go to work. Was he supposed to exercise right of first refusal?

Right of First Refusal

The parties have agreed and the Court therefore ORDERS if a parent is... Read more »

Jon R. Boyd answered on Jul 31, 2019

Thank you very much for including the language from your Order or Decree!!! Very few people think to include it and without it we cannot answer these kinds of questions.

I'm a bit confused, though, about the facts- you said "we all live in Texas" but then you said dad left his child and...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on

Q: I was seeing if someone is able to help with a appeal case

Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: Do I have to physically take my daughter back to her mother myself, or can I have my aunt take her.

My daughter is 9, her mother lives in kansas. Nothing in the divorce decree says anything about how she gets back as long as she gets back.

Rahlita D. Thornton answered on Jul 30, 2019

Read your order and see if it says a designated responsible adult can exchange.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: My children don’t want to see their mom do I have to make them

She signed a waiver not to be served and agreed to the final decree.The divorce decree says Visitation will be mutually agreed on in advance by the parties. Their is no court order Schedule. Despite this fact I have encouraged my children to see their mother but they tell me they don’t want to be... Read more »

Rahlita D. Thornton answered on Jul 28, 2019

Sounds like you don’t have any specifics in place upon your initial filing for divorce. In general both parents have rights to their children. Get temporary orders in place if you’re concerned.

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: If I have a child support order with my ex and my children want to live with me can I keep them? We have joint custody

Rahlita D. Thornton answered on Jul 26, 2019

You can have them live with you primarily if your order is modified 1st to reflect such. Speak to a attorney regarding your desires.

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Expecting child w/ ex. Is it legal for him not to take care of our baby?

Me and my ex are expecting a child in May. He wants to pay child support, but not care for our child. I want to have equal responsibility for caring for our child. Is it legal for him to neglect responsibility?

Rahlita D. Thornton answered on Jul 21, 2019

Both parents have an obligation to take care of their children regardless if you two are in a relationship or not.

1 Answer | Asked in Divorce and Child Custody for Texas on

Q: What do I need to do if wife left house, took only 1 of 3 kids, refuses to bring her back, she living on a frien couch

4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »

Rahlita D. Thornton answered on Jul 20, 2019

The only way to address this is to file for divorce and request temporary orders. Good luck.

1 Answer | Asked in Child Custody for Texas on

Q: Hey I had a few questions about the custody of me and my children.

Rahlita D. Thornton answered on Jul 19, 2019

Custody issues can be complex. We understand. But, you should consider posting your particular questions.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Texas on

Q: Custody/guardianship of 17 yr old in Texas

I have the 17 year old best friend of my daughter currently living with me. One of her parents is incarcerated, the other on drugs. Her grandmother has guardianship of her but can no longer care for her and is willing to relinquish those rights to me. In Texas, I’ve been told that minors in... Read more »

Jon R. Boyd answered on Jul 16, 2019

Call CPS.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Does my ex get the following weekend if his weekend and the holiday fall on the same weekend?

Does my ex get the following weekend if his weekend and the holiday fall on the same weekend? Example: He gets the second half of Christmas vacation this year: Dec 28, 2019-Jan 6, 2020, but he also gets the 1st, 3rd and 5th weekends each month. Would he get the weekend of the 10th of January 2020... Read more »

Jon R. Boyd answered on Jul 15, 2019

Without seeing your Decree, I can' give you a definitive answer. However, based on your question, he would not get the second weekend of January since it would be a second weekend.

Hope this helps!

-Jon R Boyd, attorney

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: My grandchildren were placed in my home 12 years ago by CPS. Can they decide to go back with either parent?

Their parents are no longer together. But, live in Texas.

Jon R. Boyd answered on Jul 12, 2019

Hello, this is Jon R Boyd, attorney. Let me see if I can help -

I assume the children live in Texas and the case is here in Texas.

Under Texas Family Law, in a child custody case, a child of 12 years of age or older may be interviewed by the Judge in his/her office to ascertain the...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on

Q: How can I get a court date?

I have not had my custody case resolved nor have I had a court date since 09/2018. My child went to visit her dad(w/o) a custody agreement 12/2017. He did not return her. I filed a custody case and was able to get a temporary agreement thru mediation- an msa-which expired 08/2018. Unfortunately,... Read more »

Rahlita D. Thornton answered on Jul 9, 2019

This is hearbreaking. You should consult with your family members to seek financial assistance and assert your rights. You need to get involved with the CPS case. Even if you can not get a lawyer you should at least contact CPS to let them know that you need to have information on what is going... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: My son lives with my sister-in-law CPS don't want to give him back due to drugs what are my rights how can I get my son

I'm pregnant and I'm afraid that they are going to take this one too what shoud I do. I have a sister who is plane B

Rahlita D. Thornton answered on Jul 9, 2019

You should hire an attorney to assert your rights.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on

Q: Can I file on my own or should I hire an attorney?

My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »

Rahlita D. Thornton answered on Jul 9, 2019

You should hire an attorney especially since you are in fear of your safety. Good luck.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on

Q: I made the mistake of allowingmy ex fiance access to our daughter and since then he's refused to allow me to even speak

To her much less see her. He has been abusive in the past and I've never pressed charges becauseI loved him what canI do? He purposely causes emotional trauma in my daughter and doesn't properly care for her.

Kiele Linroth Pace answered on Jul 1, 2019

You should hire a local Family Law attorney to pursue a formal custody agreement.

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