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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a criminal trespassing on the custodial parent how can i pick up my daughter on my weekend and days?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 26, 2022

Modify the order and meet at police station or a public place like McDonald's .

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.

Are you concerned about your child's...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Joint custody after out of state move.

Last year a California Court ordered a joint 50/50 custody "agreement" for our child. I have since moved to another state and am currently waiting on the next mediation and subsequent custody hearing this fall. In the meanwhile I would like our child to go to school with me in the new... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

It depends on the language of your custody agreement or order. It is typical for there to be a geographic restriction, but that is not always the case. It is typical for there to be language addressing the rights of each parent with respect to education. It may give one parent the sole right to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 13, 2022

The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Im the primary parent according to my divorce decree, ex wife is trying to change that. Need to defend my self

Per my divorce decree, i have joint conservatorship of my daughter, with me being deemed as the 'primary parent". My ex is trying to change that saying that and filed a motion with the court saying she needs to be the primary parent, due to our child's school grades are not good.... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

The terms for conservatorship, possession of or access to a child can be changed if the circumstances of the child, or of either parent have materially and substantially changed since the rendition of your divorce decree and the requested modification is in the best interest of the child.|... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can i request a de novo hearing on line
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 1, 2022

You cannot request a de novo hearing online. You must file a proper request with the court.

Also, a request for a de novo hearing must be filed no later than three (3) days after the Judge's ruling or is not considered timely filed and your request could get denied.

I hope...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Am I responsible for my son damaging his cell phone that the other parent provides?

Am I responsible for my son damaging his cell phone that the other parent provides?

My son's mother has consistently insisted my son use and have access to the device she provides. I have never been given access to this device but have allowed it be used by my son to avoid drama. My... Read more »

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Under section 41.001 of the Texas Family Code, a parent who has the duty of control and reasonable discipline of a child is liable for property damage proximately caused by the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was looking at getting some legal help. Im not married , my bf and i are not on good terms , i dont make much. Need

Boyfriend and i keep fighting . He made threats . I wanted an attorney that can help me

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 21, 2022

You need to move out . There is not much an attorney can do for you.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can judges and attorneys be held accountable?

Is it possible to pursue legal action on an attorney and judge for misconduct? The judge has already had disciplinary action With the board

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You can sue an attorney, yes. That is called malpractice.

Judges are exempt from suit because of how they ruled on your case. The best you can do is file a complaint with the Texas Judicial Board, but you need serious evidence. Merely ruling against you is insufficient. Your best way to...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If my brother has primary custody of his minor daughter, can he designate POA or does mom automatically get authority?

My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2022

If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I'm coming out of a domestic violence relationship and now CPS is involved and placed her with the danger. Need help

My ex has an assault charge and no contact order was put in place. He violated his no contact and now his bail is up and placed on GPS monitor. CPS got involved because of him and they have stupidly taken her from me and placed her with her father which is the danger. I really need some help please

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 10, 2022

You need to retain a lawyer asap

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My husband & I are recently separated. My husband has been working out of town & staying with his brother. Today he came

To pick up my son, along with my son’s belongings & take him with him without my knowledge or consent. He stated that he would be enrolling him in school in the town that he is currently working. My son is already enrolled in the school district that he has attended since kindergarten. He is... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 9, 2022

If there are no court orders he can do that. You biggest problem is your son wants to live with dad. A judge may let a 15 year old live with his dad.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I had a lawyer file everything, but I cannot afford them to be at the trial/pre-trial for visitation. What should I do?

I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 4, 2022

Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can screenshots sent from someone else be used in child custody court in Texas?

The screenshots are referencing prostitution and other things such as drugs going on around the child while in with the mother. The person that sent them did so from a phone number but doesn’t want to identify themselves because they do not want to be involved with the whole court situation.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 31, 2022

You need to have the person that sent them to you be witness in court or you can't use them

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Texas on
Q: If my child is with temporary kinship care can I still visit with and see my child in Texas?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

Did you sign a safe agreement with CPS. The answer is in that agreement,

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jul 28, 2022

Hello-

If you can't afford a lawyer, your best bet may be to ask the court to appoint you an attorney. Typically the court will want you to fill out some paperwork swearing that you are indigent (have no money). Very few attorneys advertise themselves as "pro bono" and I...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My nephew who is 14 was kicked out of his home by his mother with no money, no shoes or food. Can I get custody?

He was on the streets for 19 hours before we were able to reach him, he was in North Carolina, we took him back to Texas and it took his mother two days to reach out asking about his whereabouts. She struck him in the face before the incident and she has an ongoing cps investigation when she... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

In a situation like this, a petition for a suit affecting the parent-child relationship can be made to the court alleging abuse and neglect.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My wife’s custody case with her ex might be in the process of transferred. How long do we have to find new attorney

They made a motion to transfer and we’ve been here for over a year so more than likely it will be transferred. Our attorney on this case is over 5 hours away and we will more than likely hire a new one up here in new location. Do we have a little time or can we file something to get us some time... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

The transfer doesn't happen immediately so you will have a little time.

You should check the court website for the county the case is being transferred to at least once a week to see if it has been transferred. If the county does not have a court website contact the district clerk...
Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m in the state of Texas, non custodial parent no longer visits children, and has not paid his child support.

Will Seeking full custody be hard to get? Parent has not paid child support ever. It been 3years.

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

There are a few options depending on what direction you want to go. Here is a couple: 1. You can request termination of his parental rights or 2. You can file for a modification to make you the sole managing conservator with exclusive right to make the major decisions and ask for enforcement of the... Read more »

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