Get free answers to your Child Custody legal questions from lawyers in your area.
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More 
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
I'm 16 years old and currently living with my mom and stepdad in Houston. My dad, who lives in Dubai, is preventing me from communicating with my 7-year-old brother, who lives in Portugal with my stepmom, because he believes I was involved in harassing my stepmom online. I want to wish my... View More
answered on Mar 5, 2025
You do not have legal recourse in this situation. As your parent, your father has the legal duty of care, control, protection, and reasonable discipline of you in the absence of a court order to the contrary. He also has the right to represent you in legal action and to take decisions of... View More
In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More
answered on Mar 3, 2025
It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."
You can take... View More
I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More
answered on Feb 28, 2025
The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More
My child's father, who is the non-custodial parent, has court-ordered standard visitation rights. However, he is currently in hiding due to felony warrants. His family insists they have the right to exercise his visitation schedule, but I am uncomfortable with this and haven't found any... View More
answered on Feb 27, 2025
Without a court order explicitly granting visitation rights to the family members, they are not automatically entitled to exercise his visitation times. In the absence of a modification request or a legal document that includes the family members, you are not obligated to allow them visitation,... View More
I have a 5-month-old son with my ex-girlfriend. We are not married, but I am legally recognized as his father and have been involved daily since his birth. Recently, she caught me on a dating site. I was on the site because we haven't been loving towards each other and have been sleeping... View More
answered on Feb 27, 2025
The first step is to file a Suit Affecting the Parent-Child Relationship (SAPCR) in family court. This will establish a formal custody and visitation arrangement and prevent her from making unilateral decisions about your access. You should also request a Temporary Orders Hearing, where the court... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.
If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
I live in Texas, and my wife has filed for divorce after I was unfaithful with her best friend, who is now my paramour. My wife insists that my paramour have no contact with our 2-year-old daughter; however, my daughter is familiar with her, and they have had playdates with her daughter. Currently,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
In Texas, since there is currently no court order restricting third-party contact, you legally have the right to introduce your daughter to your paramour during your parenting time. However, your wife may request temporary orders limiting contact if she believes it is not in your child’s best... View More
I have a court-ordered visitation schedule with my children, but my ex is scheduling extracurricular activities on my visitation days, making it hard for me to spend time with them. While my children are interested in these activities, my ex, who is married to the coach, is primarily making these... View More
answered on Feb 25, 2025
In the absence of a court order to the contrary, a parent may register their child for any extracurricular activity they choose. If the activity occurs during the other parent's period of possession, the other parent is under no legal obligation to bring the child to the activity. It's... View More
Son cheated on my daughter-in-law, he says he loves this person. Daughter in law does NOT want their 2-year-old to have any contact with the now ex-best friend. The 2-year-old old knows this person and has had play dates with her daughter on numerous occasions. Can she demand that she not be... View More
answered on Feb 25, 2025
The D-I-L can make whatever demand she wants, but the son is under no legal obligation to comply unless and until there is a court order. The D-I-L can file for divorce if she wants and can ask the court for an order prohibiting the son from having contact with the paramour during his parenting... View More
I'm in Texas, and my divorce decree states that my child's father is allowed day visits, but he has not yet visited our child. Recently, his text messages have been manipulative and argumentative, affecting my mood; there are no explicit requirements regarding communication in the decree.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2025
You may request relief from the court by filing a motion outlining your child’s father’s behavior and asking that all communication between you be conducted through a court-monitored app, such as AppClose or Our Family Wizard. These platforms ensure that all messages are recorded and accessible... View More
I have been representing myself in my divorce case. In November, the court determined that I was violent and I was given state-supervised visitation with my children until I completed an anger management course. After completing the course, I was supposed to receive standard possession. I submitted... View More
answered on Feb 14, 2025
I am sorry you are dealing with this issue with your children's school, but happy that your possession periods with your children are now unsupervised.
You should start with a copy of the following documents: 1) your current court order and 2) your Certificate of Completion of your... View More
His parents dropped him off and have excuse after excuse of why they cannot get him. At this point I do not want him with them because they cannot care for him but I do not know what my options are legally.
answered on Feb 28, 2025
The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;
(B)... View More
They refuse to speak to me because he is a legal adult but can't make medical decisions for himself.
What document do I need and can you help me attain it?
Thank you,
answered on Feb 10, 2025
If your son is not mentally competent to make medical decisions for himself, you will need to apply to be appointed as his legal guardian. This is not a matter of completing a simple form. Attorneys handling guardianship cases are required to have a special certification in addition to being a... View More
answered on Feb 7, 2025
To find a pro bono lawyer, contact a legal aid clinic near you. For example: https://legalaidtx.org/
Most legal aid clinics have experience handling that particular type of case. Most lawyers prefer to offer pro bono services through legal aid clinics because the clinic staff has... View More
Was told cocaine user cannot be present whirl my minor child visits but can I hire a PI to make sure cocaine user is not there during visit?
answered on Feb 7, 2025
If you have a court order, you must obey the court order unless and until it is modified.
Sometimes, a court will order that particular persons cannot be present during a parent’s time of possession if it thinks that other person poses a danger to the child. Sometimes—but not... View More
If the totally Incapacitated Adult ward (Lives in Ohio) has possessory Conservatorship of minor child ( Child in Texas), does It extend to the Guardian
Do courts have to verify out of state Guardianship
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2025
Guardianship always needs to be verified. However, it depends on the petition if the Guardian actually has the right to file it. Not knowing what is in the petition makes answering this question really hard. You should contact a family attorney near you who is familiar with the Uniform Child... View More
I have a non disclosure due to violence - Denton County stated they couldn't do anything besides allowing him custody since he filed first even after i showed proof of violence. After 3 yrs of separation, he states since he doesn't see us as married we aren't (but argued about... View More
answered on Jan 24, 2025
A lawyer with experience in family law is who can help you fix it. As with anything else, such a lawyer will expect to be paid for his/her services at the usual and customary rate for the time it takes to fix it. Just like a plumber is going to want to be paid to help you fix your plumbing or an... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
