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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Gov & Administrative Law and Family Law for Texas on
Q: Can I transfer my ongoing California custody case to Texas?

I have an ongoing custody case in California that began in 2018. My ex-husband continually disputes the superior court judge's orders. We've been living in Texas for 16 months, and I want to transfer the case to Texas. A Texas lawyer told me it could be done, but it would cost $6000 to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2025

Because there is no procedure or mechanism for transferring a pending civil case from one state court to a court of another state.

If you filed the pending case and your ex-husband did not file a counterclaim, you might be able to dismiss your pending California case without prejudice...
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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: How can visitation be adjusted for a child starting pre-kindergarten when parents live over 100 miles apart?

I'm currently alternating weeks with the other parent for visitation, but we now live over two hours apart, more than 100 miles away. Our daughter is about to start pre-kindergarten in a few months, and we don't have any existing court orders for visitation. I've tried discussing the... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 16, 2025

It sounds like you have existing court order that doesn't address this issue. If that is correct, then you would want to file a Petition to Modify the Parent-Child Relationship because you are asking the Judge to change an existing court order.

You are asking the Judge to change in...
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2 Answers | Asked in Child Custody, Civil Litigation, Probate and Family Law for Texas on
Q: How can I gain custody of my deceased brother's ashes in Texas?

I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.

In the absence of a written Will, your brother's children are entitled to a substantial portion of...
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2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: What legal motions and evidence can address a father's neglect of a child's medical needs?

I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can dad add his extra summer days to Father’s Day weekend?

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

John Michael Frick
John Michael Frick
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.

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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

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

John Michael Frick
John Michael Frick
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...
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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

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

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can a non-custodial parent in Texas give up parental rights without agreement from the custodial parent?

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

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: How can a minor in Texas seek full custody for their mother due to emotional abuse from their father?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Is it legal for a grandparent to email my child's teachers without including me in the communication?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Child Custody for Texas on
Q: Non-custodial parent rights during spring break in Texas

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?

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Child Custody for Texas on
Q: Non-custodial parent rights during spring break in Texas

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?

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Child Support, Child Custody and Family Law for Texas on
Q: Default child support order and paternity uncertainty in Texas.

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?

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Divorce and Child Custody for Texas on
Q: Ex-husband made medical decisions without informing me despite 50/50 conservatorship and divorce terms.

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Legal advice on obtaining full custody and protective order in TX.

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

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How can I maintain contact with my brother despite dad's restrictions?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for Texas on
Q: Legal actions involving past brain injury and child custody issues after 13 years.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How to file custody enforcement and modification from Florida?

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

Raymond Chow
Raymond Chow
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

1 Answer | Asked in Child Custody for Texas on
Q: Are family members entitled to father's visitation if he is in hiding?

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

Raymond Chow
Raymond Chow
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

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How can I ensure frequent contact with my son if ex moves away?

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

Raymond Chow
Raymond Chow
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

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