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Texas Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Child custody when we live 3 miles apart.

when petitioning for divorce i was unaware of sole custody orders versus joint custody. Can this be modified prior to finalizing the divorce?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Family Law and Identity Theft for Texas on
Q: My mom died in Springfield Illinois in 1998 at age 58. Bro bought house 2007 and mom is showing as resident. How and Why

She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: In my divorce decree it states I have to pay for my child’s transportation back home. If her mom is driving how does th

This work. Do I just pay a portion of the gas?

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I sue Dfps if my child broke his arm while under their care?

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.

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
PREMIUM
James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

No a house is not always split equally in divorce proceedings. The entire marital estate of the spouses is divided in a manner that is “just and right.” The spouse’s home is part of that process. If there are sufficient other assets, the home can be awarded in its entirety to one spouse,... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Family Law and Divorce for Texas on
Q: wife left house with 3 children she might leave state of texas no court orders are in place what do I need to do?

She left while I was at work w/o my knowledge.

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

Your best option is to file for divorce and seek temporary orders. Bexar County has issued standing orders for divorce cases which would preclude your wife from removing the children from the State of Texas for purposes of changing their domicile. Without filing for divorce, your wife can move to... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for Texas on
Q: My husband was scammed out of $850,000. Please help me

:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Family Law for Texas on
Q: HELLO I NEED TO KNOW WHEATHER THE TEXAS BAR ASSOCIATION ACCEPTS MASTER´S PROGRAMS IN LLM ON LINE? CAN YOU HELP ME PLEASE

I AM INTERESTED ON TAKING AN LLM MASTERS DEGREE AT THE UNIVERSITY OF SAN DIEGO, CA.

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

In order for an LLM program to meet the law study requirements to be eligible to take the Texas state bar examination, it must meet the following criteria. Pay particular attention to the last section which tells you exactly what type of online instruction can be used to satisfy this criteria.... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: i am in contact with the AOG already, should I consider hiring an attorney to assist me with the child support process?
Rafee'a S. Majeed
Rafee'a S. Majeed
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

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If I don't have the address to my children's dad's new address, do I have the right to refuse to hand my boys over?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: If I don't have the address to my children's dad's new address, do I have the right to refuse to hand my boys over?

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

Rafee'a S. Majeed
Rafee'a S. Majeed
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

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1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
answered on Dec 3, 2024

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How can I receive the money that was I was supposed to receive from my divorce decree if my ex spouse is now deceased?

My divorce was finalized in 2009 & he died on the 15th of November, 2024.

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

You need to file a claim against your ex-spouse's estate. You will need to give notice to whomever is appointed as the personal representative of your ex-spouse's estate. There is an order set forth in the Texas Estates Code for which debts get paid first.

While the statute is...
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1 Answer | Asked in Divorce, Civil Rights, Legal Malpractice and Family Law for Texas on
Q: My attorney did not inform me that there would be witnesses at the hearing including the custody evaluator

My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: House owned by wife. Married in 2009. Live in Texas. Married 16 years. Getting divorced.

I was a silent partner on a note refinance, signed paperwork (I am not on the deed). Replaced appliances, did interior upgrades, etc. Do I have 50% equity in the house?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

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