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Texas Child Custody Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on

Q: I live in Texas with my kids, my kids father filed an allocation of rights from colorado, how do i respond?

I moved in November 2018 to TX, He still resides in Colorado. He filed this allocation of parental rights in Colorado. And, not knowing if I am an actual Texas resident after 7 months, how do igo about responding to this? do i have to file with Colorado? or does Colorado courts not have any rights... Read more »

Rahlita D. Thornton answered on Jun 17, 2019

It will depend on when the children were moved and when the actual filing was made. Consult a Colorado attorney if case is pending there to respond. In general, the jurisidiction of the court is the one where the child has resided 6 months prior to the filing. After discussing this with a... Read more »

1 Answer | Asked in Child Custody for Texas on

Q: Do i have the right to keep my children?

i live in texas and my ex wife told me to come to illinois to get my children because she couldnt give them 100%. so i did. i have noticed my son has health issues that she is aware of and is not addressing them. ive had them for over 30 days and she only contacted the kids once. they do not want... Read more »

Rahlita D. Thornton answered on Jun 15, 2019

You need to file your requests with the court in a modification. Until then you should follow the order.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on

Q: Can you get a no contact order if your spouse is in a different state?

Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

2 Answers | Asked in Child Custody and Child Support for Texas on

Q: If a child support case is closed due to non custodial parents inability to pay (SSI) is the visitation order still val

Victoria Collins answered on Jun 11, 2019

Yes. Visitation rights are not effected by child support obligations

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1 Answer | Asked in Child Custody and Child Support for Texas on

Q: What can I do too see my child . If I have visitation rights . I already called the the cops and documented .

The mother of the child is not letting me see my child. How many documents do I have to do too see my own child ? Please help

Rahlita D. Thornton answered on Jun 8, 2019

Sounds like you may already have enough grounds/violations. Seek an attorney to pursue your issues. There is no set amount on violations of court order.

2 Answers | Asked in Child Custody and Child Support for Texas on

Q: How many times can a mother deny visitation rights to the father . Even the the father has court order days ?

What is the outcome if she continues to do that and what advice can you give me

Rahlita D. Thornton answered on Jun 8, 2019

Read the order and make sure you are at the location specified in the order at the time identified in the order. Keep records. Record exchange. Text her that you are present. You can also call police to make a report. If all this fails then take court action by getting an attorney to pursue your... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on

Q: Could I lose rights to my kids just because my mother has had my kids for the last 6years?

My mother is trying to adopt my kids. I told her I was not willing to let her adopt them. And ever since I disagreed with her and her wife, she will no longer allowed me to see them , talk to them , or have any sort of contact whatsoever. She has broken the court several times. nd has lied to me... Read more »

Rahlita D. Thornton answered on Jun 6, 2019

You need to bring court action. It sounds as though there is an order in place. You have valid rights. If you do nothing then she will argue that you have abandoned them and could possibly succeed on an adoption.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Rahlita D. Thornton answered on Jun 1, 2019

In general if no court involvement you are free to do as you please. However, if a divorce is filed your spouse may request that the child’s residence be restricted to your current residence.

2 Answers | Asked in Divorce and Child Custody for Texas on

Q: Is there recourse if I have hired an attorney, paid a $3500 retainer for custody/divorce case and no progress in case?

Lawyer has only been present for 1 appointment, he sends his paralegal. This has gone on for 3 months (divorce/custody case) We feel like there is no progress, maybe because we are not able to talk to the lawyer. Can I request the money back and find a new lawyer or should I be patient? I was told... Read more »

Robert Allen Thornton answered on May 30, 2019

As far as the retainer, ask for a statement of hours spent on the case. An attorney must hold the retainer in a trust account until the money is earned. You should get a statement setting out the time spent on your case so you can see how the retainer was applied. If no work truly has been done,... Read more »

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1 Answer | Asked in Child Custody and Child Support for Texas on

Q: I am not on a birth certificate for a child whom I’ve never met, the mother had a court appointed dna test several stat

Away from where I live. She’s in Michigan, I live in Texas. I was never out on birth certificate, wasn’t informed when he was born, and was not at any of the doctor appointments. The child is 4 years old now and she is wanting to get child support

Rahlita D. Thornton answered on May 28, 2019

You can explore options as they relate to whether she has waited too long and whether you have to pay back child support based on the time that you knew about the alleged paternity of the child. An important question is when did you 1st find out about the child possibly being yours? Let us know... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: How do I get guarding ship from my ex husband while my daughter in prison

Rahlita D. Thornton answered on May 24, 2019

It really depends on what your objectives are. A review of your order and more details are needed to assess this situation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on

Q: I am the custodial parent and The wife of the my child’s father is becoming hostile.

She yelled, cursed and approached my with confrontation when picking up my child this past Friday. She even called the police on me lying. She also mentioned to me she was trying to build a “case” against me. I don’t know what that means but I no longer want her involved with the pick up and... Read more »

Victoria Collins answered on May 20, 2019

Whether or not the child's step-mother (or any responsible adult) is allowed to pick-up or drop off should be addressed in your final decree. If it is not, or there is simply not language there does not appear here that there is enough of a substantial change in circumstances that would allow a... Read more »

1 Answer | Asked in Child Custody for Texas on

Q: Can a mother lose custody against father just cause she lives with family? And he has his own house

He is abusive although I didn't file a police report on him. But I do have proof

Rahlita D. Thornton answered on May 19, 2019

There are many factors that go into determining what is in the best interests of the child. So, do an honest evaluation of all factors that you have spoken of and proceed with that in mind. The courts will not just look at the fact that he has his own house.

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Can my stepsons mother take him to rehab with her if she has a pending child endangerment charge?

My stepsons mother is currently on probation for felony number eight. In March she caught felonies nine, ten, and eleven. One of these felonies is Child Endangerment. CPS is involved but there is also a custody order from almost 3 years ago stating that she is the custodial parent. She is now... Read more »

Rahlita D. Thornton answered on May 18, 2019

Read your last signed order concerning rights and visitation. Your order may be sufficient to cover your situation. CPS’s job does not cover asserting parental rights.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: I haven't seen my son in a year because his dad has kept him from me. I am in desperate need of help.

2018 cps was called but the case got closed. I was scheduled 2 visitions and he didnt show up to either one and the cps lady said there was nothing she could do. Everything has been in his hands and he threatened my son all the time. He lied since day one of court and he still won. Got me drug... Read more »

Rahlita D. Thornton answered on May 18, 2019

Your post just tugged at my heartstrings. Parents who do this hurt their own kids. I couldn’t imagine not being able to see a child of mine for over 1 month let alone 1 year. CPS can not assert your rights. You have to do that. You can file motions and actions to get this resolved. If court... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on

Q: My ex wants to back out on our mutual agreed change to standard visitation for this weekend. Can she on short notice?tx

Elaine Brown answered on May 17, 2019

Generally, when parents agree to visitation outside of the Court ordered visitation schedule, they can back out of the agreement without consequences from the Court. This can be frustrating to the other parent. However, it is difficult to enforce any schedules outside of those ordered by the... Read more »

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2 Answers | Asked in Child Custody for Texas on

Q: My boyfriend decree states 1st, 3rd, & 5th weekend custody. He works out of town, Am I allowed to keep them on his time

Chad Zubi answered on May 13, 2019

His time is his time and you are not entitled to possession of the kids during his time. However, you need to make sure that you follow the order, if it says you surrender the kids to him at a certain place at the beginning of his time then you should attempt to do so. If he is supposed to show... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: What can I do if the father committed an assault on me and then committed another assault but wants custody of the child

In 2009 the father was charged with burglary of habitation with the intent to commit assault on me. He went to prison and 2016 he filed papers to have me arrested and contempt of court and filed numerous motions to let him see the child, the child was 1 when this happened and had an protective... Read more »

Rahlita D. Thornton answered on May 10, 2019

Protect your child. Hire an attorney ASAP. If you can not afford it look for indigent representation in your area.

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2 Answers | Asked in Family Law and Child Custody for Texas on

Q: What can I do now?

Back on March 12, 2018 I had a court hear for temporary orders with my sister. The orders were for 3 months and granted me visitation. My sister has an attorney who drew up the orders and e-mailed them to me. I didn't get them until July 2018 which exceeded the 3 month order. I received them and... Read more »

Rahlita D. Thornton answered on May 9, 2019

You can find out if the orders were signed by the judge 1st. Then proceed to hire an attorney. You would be more at ease when you do. Good luck. If we service the county where your case is pending feel free to reach out to us. 888-343-4529

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: What can be done if wife's ex is taking youngest of 3 girls to therapist w/o consent?

Decree states that both conservators have; the right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the children. Ex husband took child to therapist w/o wife's knowledge or consent. Therapist office did not know my wife was... Read more »

Gary D. Peak answered on May 9, 2019

To properly answer this question an attorney would need to read your decree to see exactly what rights each party has regarding getting mental health treatment for the child. If it solely grants that to you, you may have to file a Motion for Contempt or to Enforce with the Court to try and get the... Read more »

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