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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex is in jail. His wife is saying that the custody order is still on. Do I have to send them with her if he's gone?

She's saying it's a violation of our custody agreement if I don't let them go to their house for Christmas break. He's not there, he's in jail and has been for 3 months. I don't feel comfortable leaving them there for 3 weeks without their father present.

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

A judge can consider a person in jail to have voluntarily relinquished their right to possession. Thus, making a person not in violation of a court order.

Please keep in mind what I am saying is general information and is for educational purposes only. You should hire an attorney to assist...
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1 Answer | Asked in Family Law for Texas on
Q: ex is trying to take me to court for paternity year later but she admitted to being married & cheating. What can I do?

Ex is trying to take me to court for a baby I didn’t know she was having in 2019 and it’s been over a year I just got a letter about court during the pandemic. what can I do to have the case dropped?

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

You should hire an attorney to assist you.

If you do not answer the lawsuit timely she will get a default judgment against you. Which means she gets what she is asking for.

You need to get a DNA test to see if the child is yours.

If the child is not yours the case will be...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I filed a SAPCR case in March 2019. There’s been no movement is there anything I can do?

I filed to have my daughters last name changed and to get full custody. Since filing it has now been over a year since we’ve had any contact from her biological dad. We are at the point where an attorney ad litem has been appointed and paid but it’s been 6 months and she refuses to file the... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Dec 1, 2020

If you are represented by an attorney, ask him or her what could be done to move the case. If you are pro se, you will likely need to hire an attorney to advance the case for you.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I've been live in Texas and I have a 10-year-old son whose father took me to court about five or six months ago.

He did not tell me when the court date was so obviously he was granted everything he asked for. Which included taking my child support away and asking me to pay $100 a month. But about 3 weeks later he turned around and gave me back my child for me to care for a full time. He's going against... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 30, 2020

The father doesn't have to tell you the court date because when you were served with the lawsuit, there should have been a notice of hearing telling you where, when and what time the case was set for a hearing. So you should have known when the court date was because it should have been right... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is a court appointed lawyer just as good as a paid one

My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I get a notirized letter saying I paid x amount of money to my child's mother and turn into the child support
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 24, 2020

What you are inquiring about is called an Affidavit of Payment and they are commonly used to record child support payments made directly by an obligor to the recipient.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.

I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 24, 2020

The answer to your question is very fact specific and your question does not lend itself to a short, concise answer on a forum such as this one. I strongly recommend that you seek the advice of an experienced family law attorney, even if you only have enough money for an hour long consultation.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.

I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

More information is needed before an answer can be given.

If CPS has a court order that must be followed.

If CPS does not have a court order and you and the mother have an existing court order in place that must be followed.

If CPS does not have a court order, you and the...
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1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can I judge take my kids and all my rights away without having proof that I'm unfit
Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

More information is needed. However, in general, the court needs clear and convincing evidence that a person is mentally or physically abusive to their child before the termination of parental rights. If child protective services is involved in the case there are numerous reasons that a... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: My 15 year old daughter lives with her father and his wife has pshyically and verbally abused her over the years

My son is 18 and he lives with me now because of the same issues as my daughter how can i get rights to see her and pick her up or her stay with me where she is happy and safe she is so depressed

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

If you and the father have a court order in place already, you will have to file for a modification from the court. If you and the father do not have a court order in place you will need to file to get one. You are also going to likely need a child custody evaluation, a request for Judge to... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: MY girlfriend's parents wont let me see my daughter. Is their anyways i can force them to let me see my daughter more?

ME and the mother of my daughter are still together but its just that her parents don't like me and so they try to limit the time i have with my daughter even though i pay and have been paying for everything, both, the mother and the baby has needed.

Ty Czapla
Ty Czapla answered on Nov 18, 2020

Yes you need to file a custody suit (called a SAPCR). This is a law suit and will end with an order signed by a judge designating custody rights (like child support amounts, visitation periods, who gets what holidays etc). If your girlfriend or her parents violate this order, they could go to jail.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Finances during separation

My husband and I are separated. He is VERY ill and I'm helping here and there when I can. He has kept the home and all the debts that come with. Some are in my name. If he can't get them out of my name, I was told to just bring my decree to show he is responsible. With him being ill,... Read more »

Ty Czapla
Ty Czapla answered on Nov 18, 2020

If you have a debt that you are jointly responsible for, you are both responsible for it. The only way to change it is to get the lending institution to allow a change in responsible party. If he is not working and is very ill, that is not likely to happen. You could sign an agreement with him... Read more »

1 Answer | Asked in Family Law, Foreclosure, Child Support and Probate for Texas on
Q: Any options to sue horriable father?

My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and was no will accordingmy cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 15, 2020

If your father sexually "molested" you as a child, you may be able to sue him for for sexual assault. This depends on how old you were when the molestation occurred and how old you are now. There are civil statutes of limitation on suits of this nature which may prevent your suing him for... Read more »

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Who can I talk to if I have any questions about my current court order (child support)?

Custodial parent is making their own schedule rather than going by court order she moved to NV from TX and refuses to tell me where she is so I can go by court order and pick him up from her residence or meet me at the airport but without the date for school let out I don’t know when I’m... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 9, 2020

If you have a current court order that is not being complied with by the other party you need to hire a lawyer to file an enforcement action.

If you need help understanding your current order, pay a lawyer to review it and explain the parts you don't understand.

2 Answers | Asked in Family Law and Child Support for Texas on
Q: My ex husband is $10,000 behind he recently bought a home. Can his home be a seized asset?

He’s is undocumented but is legally married to a us citizen. His name is on the deed for the house they got together. He makes $13 or $40 sometimes $100 payments when ever he wants. What can I do to get him to pay the $10,000?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 6, 2020

No. His home is exempt from execution. His wages can be garnished for unpaid child support, however.

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1 Answer | Asked in Family Law for Texas on
Q: How to get my name off of mortgage? Can I bring my ex back to court to get him to sell the house ?

Hello I just got a divorce and the decree stated that my ex gets the house and all it’s debts. My ex was supposed to relieve me from the house completely including mortgage. Is the quitclaim deed the same as giving house rights over ? Is there anyway that I can drag him back to court and have him... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

You may need to file a Motion to Enforce Decree of Divorce. This will likely require the services of a lawyer. I suggest that you find an experienced Family Law attorney in your area to evaluate this situation.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I terminate the noncustodial parent rights if he hasn't been actively in my child life nor will he help me with her.
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

If the non-custodial parent has failed to support the child in accordance with his ability for a period of one year, you may be able to terminate his parental rights.

2 Answers | Asked in Adoption and Family Law for Texas on
Q: how can my husband adopt my 11and 12 year old?

there father hasnt been around since they were 2yrs old hasnt paid child support or given anything financial. was given the oppertunity to write the state that he was the father and agreed that the sate help mee and its been 10yrs

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 3, 2020

In order for your husband to adopt, you would have to petition to terminate your children's father's parental rights. From what you described, you probably have the statutory bases to do so.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my partner take my kids.

After agreeing on split custody of our 2 kids we got back together not much later. Our court orders were one week me one week with him, and both had to stay residents of Ector County. 2 years ago we moved to San Antonio because of His job. We have decided to split again.He has now been w/o a job... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 2, 2020

I suggest you hire a lawyer immediately. If the Ector Co. order is the last court order then it is in effect until a judge says otherwise.

If you want to get a new court order in your new county you will need to legally get your order transferred to the county you are in and then have the...
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