Texas Family Law Questions & Answers

Q: Biological father terminated his rights and husband adopted. Can biological father ever regain his rights in Texas?

1 Answer | Asked in Adoption, Family Law and Child Custody for Texas on
Answered on Oct 20, 2017

It will depend on whether the initial termination and adoption was done correctly. Please consult with the attorney that handled the adoption for specific answers.
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Q: My friend is getting married in Texas and wants to buy a house. Can she put the house she will buy in the prenup?

1 Answer | Asked in Civil Litigation, Family Law and Real Estate Law for Texas on
Answered on Oct 16, 2017

Sounds logical and advisable. For a specific advice, please consult Attorney of local jurisdiction who may advise what to declare and what not in the prenuptial.
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Q: If I do not have the baby's dad on child support could I leave the state with my kid without his consent?

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on Oct 14, 2017

What about child custody? In case child custody is shared then his formal consent is must or get it through the court if he agrees to your plan. Consult your Attorney for his advice who managed your child support.
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Q: My Son and his Exgirl Friend has a child together both have to take parenting classes through CPS who has custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Oct 14, 2017

A shared custody provided both parents agree.
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Q: Can i leave custody in will to someone else even if their father and i have joint custody

1 Answer | Asked in Child Custody, Family Law and Estate Planning for Texas on
Answered on Oct 11, 2017

If you are referring to a case in Texas, yes he might get physical custody of the child, especially if you are already named joint conservators. You cannot direct otherwise in a will, although you can create a trust for your child with a Trustee that will manage finances, etc. that may have been put in the trust.

Also, it gets a little more complicated when the child has been out of the State of Texas for more than 6 months.

I suggest you consult with a family law lawyer where...
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Q: Divorced in 2006. Spouse died July 2017. I am sole beneficiary of Life InsDecree states I can't have this Life Policy

1 Answer | Asked in Family Law, Consumer Law and Probate for Texas on
Answered on Oct 6, 2017

This is a very complicated situation and I think you should seek out a private consultation with a probate attorney. There have been conflicting decisions from the Courts as some say the decree controls and others say the life insurance controls. I'm sorry that doesn't answer your question at all; but I do encourage you to find a lawyer you can meet with and discuss.
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Q: My mother has passed away w/o leaving a will. I have been her live-in caregiver for 3+ years do I get to keep the home?

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Texas on
Answered on Oct 5, 2017

Without a properly executed, witnessed and notarized Will, your mother's estate will pass through an heirship proceeding. What she may have said, how long you may have lived there and how much caregiving you did are all irrelevant. If your father predeceased your mother, her children will share equally in her estate.
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Q: My son's dad is not paying his child support,nor is he even seeing him. How do i go about getting full Custody of my son

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on Oct 3, 2017

As is clear from your question that child support is not working properly by defiance or by certain compulsion on the other side. Even it is hampering co-parenting of your child. If it continues longer, you may need to request the Court for a change in the child custody as well as parenting plan subject to changed circumstances provided it has no negative bearing on the welfare of child. Consult Attorney who was initially involved or of your local jurisdiction...
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Q: can a person who just turned 18 press assault charges on an abusive parent if the parent hits them?

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Texas on
Answered on Sep 30, 2017

verbal assault is different from physical assault. What's her mental status, age factor etc. As he turned 18 he is now fully adult and can decide where to live with mom or out in order to avoid daily assault??
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Q: i had a child that i was gonna give up for adoption. my brother in law and his wife were legally going to adopt her but

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Answered on Sep 30, 2017

How old is the child? Adoption will only be valid if both parents agree to formally. You need to get a formal adoption deedb for future reference ... you agree but father is not sure of a legal father. To resolve the issue, he can atleast agree to your decision for sake of child's welfare.

DNA will clarify the issue.
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Q: My mom died and left her bank accounts pay on death to one child. Is she suppose to let us know the amounts in those ac?

3 Answers | Asked in Family Law and Probate for Texas on
Answered on Sep 29, 2017

Please elaborate: how many children she left behind? Did she nominate that child to collect that amount from bank? In that case, you may check from bank the terms of nominations ... to receive and further divide among heirs, etc. etc.
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Q: My husbands two older sisters are not complying with there dads will anymore. what kind of attorney does he need?

2 Answers | Asked in Family Law and Probate for Texas on
Answered on Sep 25, 2017

If the executor is not doing her duty, which is a fiduciary or good faith duty to put other beneficiaries' interests first, any beneficiary may bring suit, hiring a probate litigator. A first step might be to demand an accounting, which any beneficiary can do 18 months after the executor is appointed.
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Q: Is it possible for me to speak with the county district attorney, without my attorney, regarding my mother's estate?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on Sep 25, 2017

The first step is to contact Adult Protective Services (your father, too, would appear to be being robbed) and file a complaint with the police. If your father is declining to the point of needing a guardian, you could also apply for guardianship and, as guardian, bring a civil suit.
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Q: Can the probate lawyer have my siblings replace money from mother's estate and how can I get a list of expenses?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on Sep 24, 2017

The executor can sue and anyone can report the theft to the police and the county district attorney. Note that if your parents later needed Medicaid, the Texas Attorney General is allowed to join the criminal suit brought by the county district attorney. But note also that you right, "years passed." Evidence may have gone stale. Witnesses may have died or forgotten. The statute of limitations may have passed.
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Q: My mom died and left a will that states who gets what. On her bank accounts it says to the benificiary on account.

2 Answers | Asked in Family Law and Probate for Texas on
Answered on Sep 23, 2017

Your mother and sister may have created a joint account with right of survivorship, in which case your sister would inherit all of the money in the account.
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Q: My sister has Power of Atty over my mother in her will. Mother has not been proven incompetent and wants to change will.

1 Answer | Asked in Family Law and Estate Planning for Texas on
Answered on Sep 23, 2017

If your mother is still competent, she can change her will, revoke any existing powers of attorney, and create new powers of attorney.
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Q: 5 Heirs, one has not been cooperative. Another Heir thinks he is due Royalties from date of death.We have debt

1 Answer | Asked in Estate Planning, Family Law and Energy, Oil and Gas for Texas on
Answered on Sep 22, 2017

Your probate lawyer, who has read the Will, can more accurately answer this than people who have not.
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Q: My husband's ex-wife moved to Texas mid June, taking their 14yo daughter with her. Would Texas have jurisdiction?

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on Sep 20, 2017

No, Texas does not have jurisdiction.
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Q: Mom had two kids, son predeceased. Mom states gave him his portion while alive. He had one child who is heir.

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Aug 23, 2017

A Texas Will can distribute things any way the testator wants. A Texas will can specifically disinherit people. It is not necessary to state that one or more people were given gifts before the testator's death.
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Q: I signed to remove charges, im still being called into court. Can i just not go ? Im the victim in the case

1 Answer | Asked in Criminal Law and Family Law for Texas on
Answered on Aug 18, 2017

That question has a legal and an ethical component to it. Ethically, the State of Texas is asking you to show up to a hearing. So do you wish to show up or not based on your personal situation. That is a question you will have obviously answered above with a "no." Legally, you are only required to show up if you have been issued a subpoena. This is a formal service of process that commands you to show up to court and can be enforced by contempt. If you have not been cited with a subpoena,...
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