6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »
The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or...Read more »
The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is...Read more »
My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »
You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,...Read more »
i have a 17 yrs old daughter that has been living with me since she was 8 yrs old and her mom is asking for child support since she born......what can i do to get her to pay me child support, we went to court but she said my daughter was living with her and the judge didn’t do anything, even when... Read more »
If your daughter has been living with you and the court order gives the mother the exclusive right to designate the daughter’s residence, then you could ask the court for a modification of the old order.
My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?
She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's...Read more »
I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »
The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner...Read more »
You aren’t obligated to sign it unless the judge orders you to sign it. That being said, the order may be entered without your signature if the judge finds that it is in compliance with the mediated settlement agreement.
Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.
He is not willing to get tested and he is not willing to agree to keep my... Read more »
As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period...Read more »
The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a...Read more »
Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?
An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form...Read more »
If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a...Read more »
The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »
As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,...Read more »
Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »
If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger....Read more »
My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.
If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the...Read more »
I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »
I was served an ex parte protective order two weeks ago from my ex-wife claiming abuse to my two children. She also opened a CPS case and after investigation it was closed with no findings of abuse. Today was the hearing and she nor her lawyer appeared. I was told by the baliff the case was taken... Read more »
Tengo 2 hijos que residen en PR. La pension asignada por la corte mientras yo vivia ayá es de $ 1832.00 mensuales y solo me sobraba despues de impuestos y demas deducciones $ 250.00 bisemanales. Al mudarme a EEUU mi sueldo aumentó pero mis gastos Tambien. Ahora mismo esta pension consume casi el... Read more »
I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »
A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because...Read more »
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