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Texas Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

1 Answer | Asked in Family Law for Texas on
Q: How do I start from the beginning when half way through a case. Been lies and had no legal help

I have a lawyer that is supposed be defending me which I was giving to by the judge!! My case I have is with CPS and from the first day of court I told my lawyer how the Caseworker lied in her statement about a removal of my kids. She wrote a whole different reason and not mentioned one thing that... View More

John Michael Frick
John Michael Frick
answered on Aug 26, 2024

At any time for any reason a client can terminate the services of their own attorney. If the attorney was appointed by the court, you are not entitled to a second court-appointed attorney, but are free to hire a different lawyer of your own choosing or to represent yourself.

1 Answer | Asked in Family Law and Divorce for Texas on
Q: my husband married another woman in another country would this invalidate the marriage and be considered bigamy?

my husband went to another country and married woman. I have proof of the ceremony. we were married in 2012 and he was remarried in 2023.

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ex breaking contract from mediation and hiding with my son, what can I do to enforce contract or get custody of my son?

Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.

I strongly recommend that you make sure your child support payment history is accurate and shows that you have been...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What are my options for a divorce?

My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I really need a lawyer to review the divorce paperwork my husband dropped off before signing. How much does it cost?

We don't have assets just children. I just want to make sure I know what I'm signing. Also, he is asking for joint custody and I would prefer sole custody with visitation.

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Some attorneys will review the paperwork for an hourly fee. However, that would only be worth it if you agreed to the terms. If you do not agree to the terms, you would have to take your case before a judge to decide. That will cost substantially more money.

1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I file to pay child support even though were not divorced yet and she's not allowing my to see the children..
Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Even though you are married, you can file what is called a Suit Affecting Parent-Child Relationship (SAPCR), without filing for divorce. In that suit, the court can order visitation as well as child support and decision-making rights. If you do not have the funds for this, you can ask the... View More

1 Answer | Asked in Family Law for Texas on
Q: Question about Family Law

I am married with 2 kids. My wife took my kids and went to her country for a month vacation. Now, it's been almost 2 months, and she is not coming back. I told her to come back but she started being rude and telling me that she will come whenever she wants. My son's school is getting... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

1. Yes

2. Yes, you can file a report of child abduction with local law enforcement or the FBI. Depending upon the facts and circumstances, they may or may not act upon such a report and may or may not prosecute your wife. But there will be a formal report nonetheless which shows you are...
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1 Answer | Asked in Family Law for Texas on
Q: It is legal to withdraw a child from school to make them an adult, kick them out, let them back in, kick back out at 18?

Hi, my name is Jack, my parents have been abusing the law to control me and make my life miserable. My parents withdrew me from highschool at 17 without my knowledge of what that meant regarding being an adult in Texas. They used this to then kick me out at 17 and turn my phone off making me sleep... View More

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

Unless you are disabled, when you turn 18 years of age in Texas you are considered an adult for legal purposes. Your parents no longer have an obligation to provide shelter by virtue of the parent-child relationship and can give you thirty days' written notice to vacate their home, which will... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

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

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?

Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.

If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How and what do I need to start a custody case?

No court orders. Not married. 3 children.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

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

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

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

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

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