Get free answers to your Child Custody legal questions from lawyers in your area.
Can dad add his extra summer days to Father’s Day weekend? We split summer visits by week for a 7day total and we can elect to add 3days to our week to make one 10day week. My week starts Friday at 6pm with me and then the following Friday at 6pm one week with dad. My week is June 13-20 with 3... View More 
answered on Apr 4, 2025
It depends on what the language in the Decree says. There is no legal prohibition on him choosing to add those days to the end of his Father's Day weekend. So, if the Decree does not prohibit it and gives him the right to add three days, then I think he most likely could do so.
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
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answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
answered on Apr 1, 2025
Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504
On a more practical note, I am familiar with... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More
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answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More
answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I am the custodial parent with primary custody of my child under a standard possession order in Texas. My ex-mother-in-law is emailing my child's teachers but does not include me in those communications. Despite asking my ex-husband to have his mother include me, I have been told she is not... View More
answered on Mar 28, 2025
Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.
It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
In the standard possession order, Spring Break begins on the day school is recessed for Spring Break and ends on the day school resumes after Spring Break. Commonly, school is recessed for Spring Break on a Friday at the end of the school day runs through the following week and then resumes on the... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
To be clear, that usually means that under the standard possession order, the parent who has possession for Spring Break gets two consecutive weekends along with the entire week between them.
So, if the weekend possession schedule is 1st, 3rd, and 5th or 2nd and 4th, the parent who has... View More
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
answered on Mar 20, 2025
You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More
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answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
I'm 16 years old and currently living with my mom and stepdad in Houston. My dad, who lives in Dubai, is preventing me from communicating with my 7-year-old brother, who lives in Portugal with my stepmom, because he believes I was involved in harassing my stepmom online. I want to wish my... View More
answered on Mar 5, 2025
You do not have legal recourse in this situation. As your parent, your father has the legal duty of care, control, protection, and reasonable discipline of you in the absence of a court order to the contrary. He also has the right to represent you in legal action and to take decisions of... View More
In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More
answered on Mar 3, 2025
It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."
You can take... View More
I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More
answered on Feb 28, 2025
The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More
My child's father, who is the non-custodial parent, has court-ordered standard visitation rights. However, he is currently in hiding due to felony warrants. His family insists they have the right to exercise his visitation schedule, but I am uncomfortable with this and haven't found any... View More
answered on Feb 27, 2025
Without a court order explicitly granting visitation rights to the family members, they are not automatically entitled to exercise his visitation times. In the absence of a modification request or a legal document that includes the family members, you are not obligated to allow them visitation,... View More
I have a 5-month-old son with my ex-girlfriend. We are not married, but I am legally recognized as his father and have been involved daily since his birth. Recently, she caught me on a dating site. I was on the site because we haven't been loving towards each other and have been sleeping... View More
answered on Feb 27, 2025
The first step is to file a Suit Affecting the Parent-Child Relationship (SAPCR) in family court. This will establish a formal custody and visitation arrangement and prevent her from making unilateral decisions about your access. You should also request a Temporary Orders Hearing, where the court... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.
If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
I live in Texas, and my wife has filed for divorce after I was unfaithful with her best friend, who is now my paramour. My wife insists that my paramour have no contact with our 2-year-old daughter; however, my daughter is familiar with her, and they have had playdates with her daughter. Currently,... View More
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answered on Feb 26, 2025
In Texas, since there is currently no court order restricting third-party contact, you legally have the right to introduce your daughter to your paramour during your parenting time. However, your wife may request temporary orders limiting contact if she believes it is not in your child’s best... View More
I have a court-ordered visitation schedule with my children, but my ex is scheduling extracurricular activities on my visitation days, making it hard for me to spend time with them. While my children are interested in these activities, my ex, who is married to the coach, is primarily making these... View More
answered on Feb 25, 2025
In the absence of a court order to the contrary, a parent may register their child for any extracurricular activity they choose. If the activity occurs during the other parent's period of possession, the other parent is under no legal obligation to bring the child to the activity. It's... View More
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