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Texas Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was with my common law wife since around 2008:we just septated and I ended up leaving with nothing. We agreed to put

Items in storage. Now she won't let me have the rest of my things. What should I do on a Military Pension so only have $1100 a month.

You should consult a lawyer about this situation, there are many lawyers who offer free case evaluations. In general you may file a petition for divorce and as the case proceeds there will come a property division. In the meantime you may be able to obtain temporary orders, but this is not legal... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm NCP and my daughter moved in with me on Jan 7th of 2020 but not done through courts.

My daughter (14) moved in with me Jan 7th of 2020 due to her mother not being steady or able to provide basic needs. Her mother packed her stuff and gave her to me (i have video). I filed all requested paperwork that the state asked but now it's in limbo because the CP makes excuses to why... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 3, 2021

Thanks for your question!

Yes, I understand that finances are tight, but it would be in your best interests to reach out to a family law attorney in your area as soon as possible so they attorney can review the prior order with you and learn more about the fact surrounding the case....
Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What If the respondent changes their mind to sign waiver of service ?

Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them? Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

If you've already filed a waiver, you need to get an answer on file. And check the terms of the waiver. Some of the waivers I've seen don't just waive service, but also waive notice of the proceedings.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was recently arrested and my charge is injury to a child .The allegations are from my son. I need help quick.

I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »

If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.

1 Answer | Asked in Family Law for Texas on
Q: Am I responsible for 50% if ex took kids to doctor who is private and cash pay only when I have insurance for them?

I have insurance for my kids, my ex took my kids to a counselor who does not take insurance and is only cash pay. My insurance covers counseling and it’s only $60, am I responsible for paying half of the original receipt she submitted to me that is in the 100’s when I should only pay $30?

Jonathan Tanaka
Jonathan Tanaka answered on Feb 25, 2021

Thank you for your question! I would suggest that you reach out to a local family law attorney so that the attorney can review what your divorce decree states and learn more about the facts surrounding your situation.

Oftentimes, the divorce decree will specify how medical expenses are to...
Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Rick  Davis
Rick Davis answered on Feb 24, 2021

The answer to your question depends on what your most recent Court Order says.

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1 Answer | Asked in Family Law for Texas on
Q: Do I file in the county my divorce was filed or can I file 4 failure to pay spousal support in thecounty I reside
Jonathan Tanaka
Jonathan Tanaka answered on Feb 24, 2021

Thanks for your question! I would suggest that you reach out to a family law attorney in your area so the attorney can review your divorce decree and learn more about the facts surrounding your situation.

Generally, you should file in the county where the divorce was filed/entered....
Read more »

1 Answer | Asked in Family Law for Texas on
Q: Father defaulted on SAPCR in Aug 2019. He currently filed for a modification due to a substantial decrease in income.

I understand that the child support will more than likely be decreased. He currently has an arrearage of $40,000. Will the courts further reduce child support to take into account his travel expenses for him to see our children? He resides in Florida, the children and I reside in Texas.... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Feb 22, 2021

Hello, thank you for your question! I would recommend that you reach out to a local family law attorney in your area so the attorney can take a look at your divorce decree and ask more questions to better understand the facts surrounding your situation. An important question is why did the dad move... Read more »

1 Answer | Asked in Family Law and Public Benefits for Texas on
Q: What type of identification should I take with me in order to move out at 18?

I trying to move out of my parents house, but I don’t know what identification/documents should I take with me.

Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

I suggest you take all of your property and especially all of your identification. You probably have a drivers license, birth certificate and social security card, but take it all and whatever else you have. It's also a good idea to start a list of these kinds of documents, as well as... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What's the best way to approach the situation without breaking court order?

The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Feb 19, 2021

Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there...
Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How easy is it for a woman to get non-parental custody or legal guardianship of a child?

I have been in a substitute parent role for the past two years. I met this guy two years ago and we became very serious, he had a 1 year old son at the time I met him and met the boy 2 weeks later. Since then the child’s mom has barely been in his life and since June of 2020 she lost her rights... Read more »

Rick  Davis
Rick Davis answered on Feb 18, 2021

You may have the right to Petition a Court for Court ordered access. You will need to consult with an experienced family law attorney to be sure.

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: I hace a funny last name and that caused bullying growing up? Can I register muy son with a variant of my last name?

The variant of the last name i want yo register has only two different letters

Jonathan Tanaka
Jonathan Tanaka answered on Feb 18, 2021

Hello, thanks for your question! I'm sorry to hear that you were bullied growing up.

I would suggest that you reach out to an attorney in your area and they can help you legally change your son's last name if you feel that is something that would be beneficial. There are...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: What documents do I need in order to move out at 18?Can my mom call the cops on me for moving out at the age of 18?

I want to move out whenever I turn 18 because my mom doesn’t believe in what I want to be or do, she’s always saying negative comments to me and my siblings, so I think the best is moving out and continue studying.

Teri A. Walter
Teri A. Walter answered on Feb 16, 2021

You don't need any documents to move out at 18. At that point, you're legally an adult, so no, she can't call the cops on you. Been there, done that myself. Good luck!

1 Answer | Asked in Elder Law, Family Law, Adoption and Animal / Dog Law for Texas on
Q: I’m 18 I got a puppy online and been taking care of it at my grama place I’m going my to my parents but I think there

Planing on giving it away what are my rights?

Teri A. Walter
Teri A. Walter answered on Feb 11, 2021

Sorry, no matter how old you are, your parents get to make the rules about what they will allow in their house. If they don't want the puppy, I suggest you arrange another place to stay. No, they shouldn't give away your property, but if you're living at their house, you're... Read more »

1 Answer | Asked in Family Law and Probate for Texas on
Q: I need to transfer my aunt from facility in Texas to 1 in Arkansas she has Alzheimer's her husband cannot care for her

Her husband has a broken his hip and it's going to be in a long-term facility himself they only married in 2016.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 10, 2021

What is your question? If your aunt has legal capacity and the MD says she can be moved, she can be moved. If your aunt lacks legal capacity, someone needs to become her guardian in order to be able to decide where she lives. If the person becomes her guardian in Texas, after moving her to... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My possession starts at the time the children are let out of school. Can I pick them up later than that due to work?
Thomas Young
Thomas Young answered on Feb 9, 2021

You may, just make sure someone is there to pick them up from school or they have a means of transportation to school. What you need to be aware of is that these types of situations can be used in order to limit more of your visitation by showing that you are not able to exercise the visitation... Read more »

1 Answer | Asked in Car Accidents and Family Law for Texas on
Q: My child’s father was involved in an accident with my child, can I request a copy of the police or accident report?
Thomas Young
Thomas Young answered on Feb 9, 2021

Yes, you can. However, it will be a redacted report. You would have to request it under the freedom of information act at the particular police department that took the report.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m currently pregnant with twins and my child’s father is trying to use that a reason to get 50% custody what can I do?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 9, 2021

First off, congratulations on your pregnancy!

I would suggest that you hire a family law attorney so the attorney can represent your interests and better understand your situation. The mere fact that you are pregnant with twins would not generally be a reason for a judge to award 50-50 custody.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is out of school on feb 22-23 my weekend papers say if holiday falls on a Monday she goes back on Monday, out till tues.

Does that mean she goes back on Monday or Tuesday?

Rick  Davis
Rick Davis answered on Feb 9, 2021

It is not possible to answer your question definitively without looking at the precise language of your Decree.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

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