Get free answers to your Child Custody legal questions from lawyers in your area.
when petitioning for divorce i was unaware of sole custody orders versus joint custody. Can this be modified prior to finalizing the divorce?
answered on Jan 7, 2025
A party can freely amend a petition for divorce up to seven days before trial unless another pleading deadline has been set by the court in a written order. While joint managing conservatorship is presumed to be in the best interests of the child, the court has the authority to award sole managing... View More 
I'm 5% Bantu and 1% indigenous Americas Maya Indian. My daughter is the same as me. My wife is trying to claim my inheritance. I'm Americas Chief and Bantu royalty which should be acknowledged as king of Africa. Daughter can't separate from chief.
answered on Jan 6, 2025
In a divorce proceeding, joint managing conservatorship is presumed to be in the best interest of the child; however, the Court can award sole managing conservatorship to either parent. The Court will base its decision on the "best interests of the child" legal standard. Ethnicity and... View More
answered on Dec 31, 2024
You can file a motion to enforce the geographical restriction in the divorce decree. If you wait too long to do this, the court might view you as having waived any complaint. While it is not certain that you will win--because every case turns on its own unique set of facts--your chances of... View More
This work. Do I just pay a portion of the gas?
answered on Dec 26, 2024
It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.
My kids have been in cps custody for a year. They let the kids ride horses including my autistic son. The saddle on the horse was loose which caused him to slip off and break his arm. They never asked my permission and didn't tell me for like 2 days.
answered on Dec 23, 2024
If your parental right to sue on behalf of your child has not been terminated, you can theoretically sue on behalf of your child.
But I would caution you that you may not have a valid cause of action even in the best of circumstances. You will need to gather together the medical expenses... View More
He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.
answered on Dec 16, 2024
When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More
I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More
answered on Dec 4, 2024
Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.
Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State... View More
answered on Dec 4, 2024
The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More
My ex-husband and I share two children, we're recently divorced and he has them for Christmas this year, 2024. He is the non-custodial parent. He has recently told me that he has signed a lease to a "new" place of residency in Georgia where he will be living from now on and the boys... View More
answered on Dec 4, 2024
No, unless a court order clearly says otherwise, the NCP's refusal to provide his address does not justify denying the NCP possession of the children in accordance with the terms of your custody order. This falls into the category of "two wrongs don't make a right." I would... View More
My ex-husband and I share two children, we're recently divorced and he has them for Christmas this year, 2024. He is the non-custodial parent. He has recently told me that he has signed a lease to a "new" place of residency in Georgia where he will be living from now on and the boys... View More
answered on Dec 4, 2024
Unless your divorce decree states that you do not have to release the children without the Father's address, you are required to follow the divorce decree and surrender to the children to Father at the time and place in your decree. Failure to do so could result him taking you to court for... View More
FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county
answered on Nov 18, 2024
Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More
Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.
answered on Nov 7, 2024
You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.
You will want to present... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More
answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.
answered on Oct 2, 2024
The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More
Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More
answered on Sep 30, 2024
Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More
I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home
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answered on Sep 22, 2024
If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More
I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home
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answered on Sep 22, 2024
If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More
I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More
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answered on Sep 18, 2024
Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.
If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a... View More
She has no family or friends to help in Texas
answered on Sep 12, 2024
Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More
My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More
answered on Sep 6, 2024
Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.
That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent... View More
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