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Texas Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Deadline to request summer possession dates was on 03/15 ex didnt request dates until 04/30, is it valid?

We as conservators get 5 extra days of possession during summer break, we have to summit a written request for the dates of our choosing, but my ex didnt request dates until a month and a half after the deadline. There is no default days in our modified order, order is for 7 days with me, 7 days... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 1, 2021

I would agree with what my fellow colleague stated. The final decree will dictate deadlines and rights and duties.

However, even if you technically are correct and your ex missed the deadline, I would encourage that you just allow them to exercise those extra days of possession for the...
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2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2021

There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.

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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Texas on
Q: Your legal Rights have been taken away by state and Federal laws paid for by large corporations?

I went to Ask for Help with a Legal Firm about A Case regarding My Health and Access to my Personal Medical Records!

I explain my case to the Lawyer assistant and a couple days later I Got a Letter Citating this on The Information!

"You have a Case and is known as statues of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

The statute of limitations is a deadline to start a case or forever lose the right to start. It makes it so someone can't bring a case against you for something that happened a long time ago. You can get a general idea about by reading the Wikipedia page but for specifics, you'll need... Read more »

1 Answer | Asked in Adoption and Family Law for Texas on
Q: How do I change my child’s name if I do t know who the father is?

The man I thought was my child name is not the father. Paternity test confirmed that and he left . I am in a relation an that man has raised my child since he was approximately 5 months old. How do I change my sons name. If I do not know who the father is. I traced the time line and only came up... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2021

The court will likely want to appoint what is known as a publication attorney for the unknown father. Some courts will require you to file a motion for that and pay that attorney's fee.

Courts are not allowed to give you legal advice. So, you will have to research how to do it or you...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Should I sign a dismissal if I'm pro se and want the petitioner who filed a motion to confirm child support, to pay the

Amount due allocated by OAG.? If I sign it he will still have to pay

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2021

This question cannot be answered without a review of the court file, the facts of the case, the law applicable to the facts of the case, what the other side is requesting, and your goal for the case.

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: I’ve been divorced and have 50 50 custody of my 2 children, there was no child support in place because of the 50 50

She tells me when I can get the kids and now she wants to take me to court for child support even though I’ve asked for week to week and she refuses

Jonathan Tanaka
Jonathan Tanaka answered on Apr 26, 2021

I would suggest that you reach out to a family law attorney in your area (Dickinson) so they can review the divorce decree with you and discuss what your options are.

It sounds like your ex-spouse is wanting to modify the final order to give her primary custody and to order you to pay...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Q: If I come back to Texas can I file domestic charges on my partner if it happened in another state?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 25, 2021

No, because jurisdiction for criminal cases depends on where the offense occurred.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can cps keep ur kids if u have done everything they have asked and more??

my problem was drinking and i quit and have done everything they asked plus extra. i have an 11 yr old almost 12 yr old and a 6 mo old baby.i think they are trying to give me my baby back cuz my husband is the biological father and leave my son with my parents cuz he loves and trusts them and wants... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 23, 2021

A 12 year old can make his wishes known through his appointed guardian ad litem. It is still up to the Judge to decide whether what the child wants is in the child's best interest.

If you want someone involved in the case drug tested you can file a motion requesting the drug test and...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

Thanks for your question! I would suggest that you reach out to a local family law attorney in your area (Dallas) as soon as possible.

If there has not been prior court orders, you will need to pursue legal action to establish paternity and visitation, custody, and child support matters....
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I need to find out what rights or who to contact. I have to my daughter. Ive never been to court or recieved anything.

The mother of my child took my daughter away from me when she was 3 yrs. old I have not seen her since. I have not been to court at all, but I was ordered to pay child support. I had no knowledge of such order until I came home. I have not had any contact with her mother or her, She refuses. I... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

Take the child support order to a family lawyer in your area. They can find out exactly what happened and tell you what your options are.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I got married in usa and divorced in india. How do i update my marital status in usa?

I got married in usa in 2015 and my husband was a indian citizen who lives in usa as a temporary resident. 2 years after marriage we got separated due to reasons. And while i was visiting india we got divorced there. I am back to usa but my records still shows that i am still married to my ex... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 20, 2021

I am not sure what records you are trying to update. But, contact someone where you are trying to update the records and ask them what they need in order to update your records. Also, you should order a certified copy of your divorce decree just in case you need it.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Why has my lawyer not disclosed pending aggravated domestic charge and previous epo against my wife in temp custody?

V

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids.... Read more »

Rick  Davis
Rick Davis answered on Apr 10, 2021

Under the Texas Family Code, you have to have "standing" in order to bring a lawsuit to get Court ordered possession of or access to children. "Standing" essentially means the right to bring the lawsuit. It can be very technical. You need to consult with an experienced family... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: If I never filed a report for family violence due to being scared to do so at the time am I still able to put in a PO?

I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.

Anyway, the primary issues for this type of...
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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the... Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My sister is in jail and I have her kids. Their dad is threatening to come pick them up. Do I have any legal rights?

I know he is not on one of the birth certificates but is on the other two.

Sharita Blacknall
Sharita Blacknall answered on Apr 7, 2021

If you do not have a court order giving you the right to the children you do not have legal rights.

Biological parents have a superior right to the children.

Below are some of the categories of people who can file for custody if they are not the biological parent. Please note that...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to meet my ex halfway during her designated summer weekends?

My ex and I meet half way on my weekends to see my son as it is stated in our MSA to do so on those weekends. However, My MSA states that during my designated summer time with him that my ex can designate 2 non consecutive weekends to have him. It states ""Conservator" may have... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 6, 2021

Thanks for your question! Unless you both negotiated and agreed to meet halfway somewhere else in the MSA, it doesn't appear like it's required.

I would reach out to a local family law attorney in your area (Burnet) so they can review the language of your MSA. Or, reach out to...
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