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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Ex keeps dropping off kids bags to my home after weekend visits not sending back with kids as asked - anything I can do?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 27, 2021

Thanks for your question! I'd recommend that you reach out to a local family law attorney in your area so the attorney can take some time to review your divorce decree and learn more about the facts surrounding your matter.

The answer to your question would hinge on either what the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was recently arrested and my charge is injury to a child .The allegations are from my son. I need help quick.

I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 26, 2021

If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Rick  Davis
Rick Davis answered on Feb 24, 2021

The answer to your question depends on what your most recent Court Order says.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What's the best way to approach the situation without breaking court order?

The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Feb 19, 2021

Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How easy is it for a woman to get non-parental custody or legal guardianship of a child?

I have been in a substitute parent role for the past two years. I met this guy two years ago and we became very serious, he had a 1 year old son at the time I met him and met the boy 2 weeks later. Since then the child’s mom has barely been in his life and since June of 2020 she lost her rights... Read more »

Rick  Davis
Rick Davis answered on Feb 18, 2021

You may have the right to Petition a Court for Court ordered access. You will need to consult with an experienced family law attorney to be sure.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m currently pregnant with twins and my child’s father is trying to use that a reason to get 50% custody what can I do?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 9, 2021

First off, congratulations on your pregnancy!

I would suggest that you hire a family law attorney so the attorney can represent your interests and better understand your situation. The mere fact that you are pregnant with twins would not generally be a reason for a judge to award 50-50 custody.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is out of school on feb 22-23 my weekend papers say if holiday falls on a Monday she goes back on Monday, out till tues.

Does that mean she goes back on Monday or Tuesday?

Rick  Davis
Rick Davis answered on Feb 9, 2021

It is not possible to answer your question definitively without looking at the precise language of your Decree.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

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1 Answer | Asked in Child Custody, Divorce, Family Law and Tax Law for Texas on
Q: If i am still legally married but my ex filed divorce papers in prison can he take legal action against me over stimulus

I filed my taxes last yr as married filing jointly bc thats how turbo tax said to file and since we were still legally married and no papers were filed i didnt want to get in trouble for filing incorrectly... so i got the first stimulus and the second and havent given him any... he filed for... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 3, 2021

You filed as married, and you were married. Nothing inappropriate there. Even after the divorce petition is filed, you're still married until there is a final divorce decree. The stimulus payment is community property and you can spend it however you wish. Your soon-to-be ex's... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Texas on
Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... Read more »

Rick  Davis
Rick Davis answered on Jan 28, 2021

You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Efiled response to custody petition. Tried to file additional document days later to find out case had been transferred

I was served by citation for petition to modify parent/child relationship. I filed an "inability to pay statement" and a quick "general denial response". My intentions were to work on either an "amended or supplemental response" or "counter-petition" and then... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

File your response in the active case. Most likely, they filed the new motion as a new case, and it was transferred back to the original court, which will hear everything.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I remove a child support order, if I've had physical custody of my kids for 10 years and their mom is gone?

I am a father of 2 & my ex filed child support then she dropped them off on me & never came back to get them. I've had them since they were 2 yrs old. It's not fair to pay her child support when I raise them. How do I get rid of the child support order? I have had them over a... Read more »

Rick  Davis
Rick Davis answered on Jan 20, 2021

You will need to file a Motion to Modify in the Court that issued the child support Order in the first place to vacate the Order requiring you to pay child support. From what you describe, you may be able to terminated the abandoning mother's parental rights.

https://www.attorneyrickdavis.com/

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My granddaughter lived with me from age 1 month to almost 5. Her parents now have 50/50 custody. She is now 8 and hates.

Being with her mother and wants to live with me . Would this be possible thru court we are in texas

Rick  Davis
Rick Davis answered on Jan 18, 2021

In order for you to sue for custody you would have to have what is called standing.

It is likely that too much time has passed in order for you to have standing. Texas Family Code Section 102.003 (the standing statute) provides, in relevant part:

(a) An original suit may be filed...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What are my steps to help secure at least 50 50 custody of our 3 kids during divorce?

Neither one of us are unsafe around them. I just dont want to lose them if we end up getting divorced. What are my best options as the husband to help keep it even time?

Chad Zubi
Chad Zubi answered on Jan 18, 2021

One thing that courts consider when devising a parenting plan is how much each parent is involved with the children before the divorce, being a big part of the kids' life can have a big impact on the result of a child custody case.

That being said, the standard possession order is...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can a parent remove a child from school and then not enroll them in another in Texas?

parents separated no court orders

Rick  Davis
Rick Davis answered on Jan 17, 2021

Friend, there is no other Texas. Texas as one of a kind. If you meant to ask if the other parent can remove a child from school and then enroll the child in another District and there are no Court orders at all, then either parent has the right to do that. If your child's other parent did... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: If a minor's last name was changed in Georgia, but the father was living out of state and was never notified?

If a minor's last name was changed in Georgia, but the father was living in Texas and was never notified, is there anything the father can do to reverse it? The father's address was known and he continuously paid child support but he never received notification or gave his written consent.

Rick  Davis
Rick Davis answered on Jan 11, 2021

The answer to your question depends on Georgia law and the Georgia rules of procedure. Had this happened in Texas, the father could theoretically file a Motion for New Trial if he did so within 30 days of the date of the Judgment. If he learned about it after 30 days, he could theoretically file... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: What can I do when a judge coerces me out of my fifth amendment right, mocks me for contacting local Rep in congress?

I was belittled and coerced in a court of law by a judge and the opposing parties lawyer. The judge told me even though I was denied a continuance I requested due to inadequate representation of counsel, that if I plead the fifth that she will pursue me as guilty and if I don't answer the... Read more »

Rick  Davis
Rick Davis answered on Jan 7, 2021

You may try contacting the State Commission on Judicial Conduct. http://www.scjc.texas.gov/

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: my kids dad is refusing to give my youngest son back what can i do i have possession of the kids
Sharita Blacknall
Sharita Blacknall answered on Jan 4, 2021

If a court order is being violated there are several options. You can hire an attorney to file for enforcement of the order and/or a writ of habeas corpus/writ of attachment.

Please note that what I am saying is for general information and education only.

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