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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: I have a question concerning family law...

I have two boys ages 4 & soon to be 3 years old. I have been receiving some child support for a few months now. At the time we had our mediation I had no issues with visitations. We've had many differences since. I would like to fight for him to at least have supervised visitations or maybe even... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 20, 2019

I would be glad to help you on this. Pls call me tomorrow AM at 817-338-4500 and you can view my website at BoydFamilyLaw.com.

Look forward to hearing from you.

-Jon R Boyd

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am getting remarried and I am the non-custodial parent. Am I required by law to notify the other parent?

We do not share information on who we date with one another. I am ready to remarry. Since remarriage doesn't usually affect child support payments, am I required to submit some form of notification to the other parent or can I keep my life private. This is under the assumption that the new spouse... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 18, 2019

No. Not unless your Decree has some unusual provision ordering you to do so, which I highly doubt and would be invalid.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I had a geo restriction put on her but she moved 200 miles away and said nothing but keeps her old address what do I do

October of 2018 was when I took her to court and not a year later she’s been doing this for 6 months now what do I need to do to prove she is lying and it’s making it had because she misses a lot of or meetings. My daughter is almost 2 now and I can’t see her alone nor nor for 2 hours

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 18, 2019

Make sure that you understand the terms of your order. Once you do then send her requests in writing and then make sure that you are actually showing up at the specific time and place set out in the order. Get proof that you were there. If possible have a good witness with you. If she does not... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: i am married my wife is being a * and im needing a DNA testing for my youngest kid. and i also was needing divorce help

my wife is dating her boss and is always away from home and i was needing to know how i can get custody of both kids until im able to we get dna testing done for both of my boys

Jon R. Boyd
Jon R. Boyd answered on Oct 17, 2019

Right up my alley. Give me a call and let's go after her. -Jon R. Boyd. 817-338-4500.

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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: After marrying my husband I closed the child support case. Now we are getting a divorce. Can I reopen? 3yrs later (TX)
Jon R. Boyd
Jon R. Boyd answered on Oct 17, 2019

The child support would be addressed in the divorce. You don’t need a separate OAG case.

1 Answer | Asked in Family Law for Texas on
Q: I need a family law attorney, but I make very little. Where do I start on getting help?

My ex has been keeping my daughter from me for a number of years. He tells everyone he has full custody, the last court papers I received, said joint custody. I need some serious help but don't make a lot of money because of going to school and providing for my two other children. Where do I start,... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 16, 2019

Your best bet is to somehow borrow money from family and hire a lawyer. If you cannot do that, you should seek out Legal Aid or some Pro Bono clinic where you live and see if you can get a lawyer for free based on being indigent.

You theoretically are entitled to represent yourself but I...
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2 Answers | Asked in Family Law for Texas on
Q: Never legally married, together for almost 25yrs. Do I need to file for divorce?

He confessed to cheating on me since March and left in June. Our kids are 22,20&18 and our youngest is in school. He runs his own company. Do I need to file for divorce? Am I entitled to part of the company? Am I entitled to child support? Or any kind of financial help from him?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 15, 2019

You may be common law married. Facts such as holding yourselves out as husband and wife to the public is where to start. Then you will have property that the courts can divide. Hope this helps. Good luck 888-343-4529.

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1 Answer | Asked in Family Law for Texas on
Q: If I want to leave my husband and take my baby can I do that? He says i cant take her
Jon R. Boyd
Jon R. Boyd answered on Oct 9, 2019

Absent a court order to the contrary, you both are equally entitled to possession of the child. Therefore, if you can get possession of the child and leave in a manner which does not expose the child to harm or makes you commit criminal conduct, you may take the child.

Whether you SHOULD do...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What should I do if 10 year old son is having psychological distress over ordered visitation with his grandparents?

My 10 year old came to me crying stating he feels he is in a tug of war between myself (mother) and his grandmother. She undermines my parenting as much as she can when my son goes over to her house. Example- his teacher said he wasn’t doing well in class because he “just doesn’t care” so I... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 8, 2019

Hire a lawyer to file a Petition to Modify the last order giving GM visitation. And, if your court order permits, take your child to see a mental health professional (one who doesn’t mind testifying in court!) and get the counselor to back you up.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My 16 yr old wants to move in with me. Her mom won’t allow it. Can she move?

I’m the non custodial parent. Do we have to go through court even if mom doesn’t agree?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 7, 2019

Yes you do. If not, then you will owe child support for the time that she lives with you. The mother could file a writ to make her return. In this situation it is just best to talk and get an agreement among yourselves and take it to an attorney for a quick resolution. The attorney could file... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What what do I need to expect to go have a paternity test does the judge took my son who was just born from his mother'
Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 3, 2019

You need to get an attorney and establish paternity if your name is not already on birth certificate. If on birth certification ask attorney to do a SAPCR. Good luck. 888-343-4529.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: my wife/partner has my biological daughter an won't give her back. We had called police made report for her attacking

why won't they give me my daughter or what can I do to get her back now

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 29, 2019

If that is your wife’s child then she has the same rights to possession of your child if there are no set out orders. If you feel the need to get orders put into place then consult an attorney. Good luck. 888-343-4529.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I revise my child support if custodial parent won't show up to court.

When I started paying child support 4 years ago I had I job where I was making decent money. I lost that job shortly after but my child support amount 4 years later is still the same amount from when I was working that job. Ive made several attempts to get it changed because I don't make no where... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 29, 2019

If she has been served then you can proceed. However, you need an attorney to forward your rights in order to press for a final hearing in the issue. The OAG does not represent you.

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1 Answer | Asked in Family Law and Adoption for Texas on
Q: How do I go about this process?

My sister is pregnant and due in about 2 weeks she does not want the baby and is willing to sign over all her rights to me she does not know who the dad of the baby is how would I go about getting custody of the baby so I can take it home from the hospital when it is born?

Jon R. Boyd
Jon R. Boyd answered on Sep 27, 2019

Honestly it’s too involved of a process to describe quickly here.

Conservatorship, Adoption and Termination are described in Chapters 153, 160 and 161.

You DEFINITELY need a lawyer. Doing this wrong could result in criminal prosecution and severe penalties. I can help you or...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What constitutes removal of grandparents rights as joint managing conservator with a fit mother?

I am needing to know if I have a case or not. I have gotten different answers from different attorneys. My son’s grandparents sued me for visitation when their son died. My son was 3 and is now 10. They alienate my parenting with undermining and play “good cop, bad cop” so my rules don’t... Read more »

Jon R. Boyd
Jon R. Boyd answered on Sep 26, 2019

Maybe.

You're asking two questions, first about grandparent visitation and second about lifting the Geo Restriction.

You probably have a good shot at the first.

I would need a whole lot more information to give you an opinion about the second. Where are you now? where do...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: Can my daughters father keep my daughter from me by signing over his rights.

About a year and a half ago I temporarily lost my rights to daughter and he father was given custodial gaurdianship but I got her back and the case was closed. He recently got locked up and heard from one of the other inmates who I had know that I was still doing all the bad stuff I was doing that... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 26, 2019

If the father is incarcerated you should attempt to regain physical custody of your daughter right away. You’re going to have to hire an attorney. 888-343-4529.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I get a temporary handwritten order from a custody hearing finalized into the correct typed legal document?

We had court on August 23rd. my (now former) legal representation has been absent since the court date and hasn’t filed the paperwork. There were orders to move child support up from the 6% the NCP currently pays to guideline limits. The opposing council was ordered on this date to supply income... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 21, 2019

You will need to hire another lawyer to finish your case.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I’m supposed to pay 1/2 of out of pocket medical expenses. My son’s mom won’t use the insurance I have.

I have great insurance on my son. It is just that you have to go in-network to get the benefits. If she doesn’t use it and runs up bills, do I still have to pay 1/2 of out of pocket costs? I pay a large premium for insurance for him and also have a health savings card for meds and deductibles. Help!

Jon R. Boyd
Jon R. Boyd answered on Sep 20, 2019

Your court order should have provisions stating that whoever uses out of network providers then has to pay 100% of the out of pocket/uninsured expense. That provision used to be part of the standard language in court orders but the form changed several yrs ago to delete it, not sure why. If your... Read more »

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance policies.... Read more »

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