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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: With covid-19 quarantine, can CPS ask that someone move in with you for a service plan? Germs and all going around.

My husband is going through dialysis! Considered a high risk!

Rahlita D. Thornton
Rahlita D. Thornton answered on Apr 2, 2020

I suggest that you voice your concerns to those involved for a more reasonable solution. Good luck. 888-343-4529.

1 Answer | Asked in Family Law for Texas on
Q: With the Shelter in place going on and the Covid 19, do I have to continue with allowing my son’s father to get him?

He hasn’t seen my son since before Feb 14th hasn’t reached out until this past week. I have no idea where he’s traveled or who has been in his home. We don’t speak and he’s not trustworthy.

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 29, 2020

You’ll have to follow your visitation as per the orders of Governor. The school calendar dictates the schedule. Good luck.

1 Answer | Asked in Family Law for Texas on
Q: Hello, I have a standard visitation order with my ex husband for our 2 children. The school is out till April 13.

Do I follow the school term Thursday at 6.00 p.m. to Monday at 6.00 p.m. rule or the other one since the school is technically in term but not on for another month and possibly for the rest of the school year in May? My ex is saying he gets to pick them up Thursday at 6.00 and drop them off Monday... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas Supreme Court has stated to follow orders in place as if school were in session. https://www.txcourts.gov/media/1446251/209050.pdf. Thus you can do as you like by agreement and in absence of an agreement, follow the court order.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I want to get a divorce from my wife because she had 2 kids outside of our marriage. Can she take our house
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

She can always ask for the community property interest in that house. It is up to the judge based on your facts as to what share of the community either spouse should take. If she is with other men, and not paying towards the house, and you are living in that house making mortgage payments, very... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Court ordered to take child to NY for father access. Corona virus concern, will a judge waive the order?
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

https://www.txcourts.gov/media/1446251/209050.pdf Texas Supreme Court has stated to follow current orders in place. If there is an order that allows the child to go to New York, best to file an emergency motion to modify that order and attempt to get a video conference hearing.

1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: Can I get out?

I’m 17 and live in Texas I need to leave my house because of constant mental abuse, control, and threats of physical violence when ever my Legal guardian drinks or does not get her way. I don’t know the extant of her parental rights as my mother is dead and my father has been in and out of... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

I would suggest to join military service or get married. But in Texas, you need to file a suit to emancipate yourself to be an adult.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can someone please explain this wording for a morality clause? See more info

Unless married, each parent's romantic relationships are to be kept discrete with respect to the children at all times.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Do not kiss and tell, is what I am reading.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I deny my son's father from taking him for his weekend due to covid-19 and the fear of him not returning him on tim

I live in Justin Texas my son is 13 I have had primary custody of him since he was 3. My sons school shut down on March 27th because of covid-19 they may be shut down longer than that. Ever since my ex husband heard about this he has been trying to get me to give him extra time of mine, of course I... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas Supreme Court has issued an order that with schools out, and the Pandemic you should still follow your order such that school was in session. https://www.txcourts.gov/media/1446251/209050.pdf

1 Answer | Asked in Family Law and Animal / Dog Law for Texas on
Q: My boyfriend and I are splitting, how can I keep my dogs ? Texas law

We are splitting after living 6 years together, He wants to keep one of the two dogs that we have, I want to keep both dogs, What are the legal ways that I can keep them?, he payed for the dogs and the vets bills, their chip and vets paperwork are on my name. I educated them, I take care of them, I... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Pets in Texas are treated as property. You have to be married to divide property. You maybe able to find a civil attorney that will file a case in a Justice of the Peace court and you can see what happens. I would says that the judge would likely dismiss and state you cannot get relief. A... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Can a non custodian parent take kids away from primary parent if that parents fiance has a family violence
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

You should file an emergency motion to modify that current order. But it is a hard thing to tell one parent not to take a child from an abusing parent. Each case if fact specific. If you have hard evidence, then do what you need do to do. If you take the child and do not seek modification, and... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Im looking for a family law lawyer to help me with my childsupport issues. Im low on funds due to childsupport.

im having a hard time finding a lawyer that is willing to help me.i only make $200 biweekly do to childsupport they are taking more than a third of my check for one child

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Max child support is at 50% of your check. You may want to try to some law schools in your area, many times they have pro bono law students, but then if you get a stimulus check in the coming weeks you would use that money to lawyer up. I would suggest to get some free consultations and have a... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My father has custody of my kids....

I work an extra job and pay 1 or 2 extra payments a month. One graduated the other is about to. He sued me and i owed 26000. I have paid well over 13000 and have receipts for payments before he sued me for around 8 grand. Will the state accept those with his signature and child support on them? He... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

If the child support order is from Texas, there was a case a couple years ago that confirmed you should get credit for indirect payments. Thus, it would be wise to hire a lawyer who works child support collections. You will need a payment plan as it is extremely unlikely you would get any type... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Divorce decree states she is to pay me $208/month for 3 years. It's been 2 years & not received a penny. How to enforce?

It's for property division.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

Depends on whether that money is spousal maintenance, child support, or just an agreement related to the property division. You should take your divorce decree to a local divorce attorney for a consult.

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different venue"),... Read more »

2 Answers | Asked in Family Law for Texas on
Q: Hey I’m 13 and I live in Texas my dad threatened to punch me in the throat for wearing clothes that fit me is that lega
Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 28, 2020

If you feel in danger you should consult the police.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: when does a modified possession end
Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 27, 2020

When the child turns 18. Good luck. 888-343-4529.

1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: just turned eighteen and ive been wanting to move out of my parent house from the get-go. what should i be aware of?

what are some crucial details that could potentially hinder my chances at getting out of the household?

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 25, 2020

In Texas you are emancipated at 18. Your parents can no longer force you to stay such that a judge or the police would require compliance with your parents decisions, but they can cancel your health and/or dental insurance, not advise you on life in general. Perhaps you should go looking for an... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Spouse moved out and now is under cps investigation do I have temporary custody until the case is closed
Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 24, 2020

Texas answer. Just because your spouse moved out and is under CPS investigation doesn’t mean the spouse doesn’t have the same rights as before. Orders signed by a judge would dictate. Good luck. 888-343-4529.

1 Answer | Asked in Family Law for Texas on
Q: Texas family law question: I am a single Mom with an 8 year old daughter. I have been in a relationship for 10 months.

My parents are extremely conservative and show disapproval of my boyfriend/my relationship. He’s 40, I’m 29. He has no criminal record and I don’t either. My parents say I am endangering her by letting him stay the night. He has never been abusive or anything to either of us & treats us with... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 18, 2020

What is your question? If it is whether your parents can gain custody of your child with the facts you have given I would say no. Good luck.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If the respondent ignores his court date does petitioner win by default?

Divorce involves an 4 month old baby. Mother has TRO in place & father has been served.

Victoria Collins
Victoria Collins answered on Mar 13, 2020

The answer really depends on what the court date is for, but typically, as long as a respondent has been properly served (personal service on an original petition of most any kind) and they fail to appear at the hearing or trial, the petitioner wins by default.

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