6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »
The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »
Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.
The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... Read more »
My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »
You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,... Read more »
My husband has had a on going issuse with getting his son. The mother will not let me have him. She wont return phone calls or texts. I have no idea where she lives or works.
If there is a court order in place regarding the child then an enforcement would be a proper route to take. A Writ of Habeas Corpus can be filed for the purpose of the mother being ordered to hand over the child at a specific place and time if the father has a legal right to have them (pursuant to... Read more »
what can i do ? i have no legal rep and will not agree to his terms which leave me and the girls homeless
Not possible to answer based on limited information provided. You can try and contact Legal Aid for your county and see if they can step in to help. Or you can try and mediate the case yourself. Fortunately, mediation is a lot less formal than Court and you will know the facts of the case. You can... Read more »
I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »
The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »
Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.
He is not willing to get tested and he is not willing to agree to keep my... Read more »
As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period... Read more »
Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?
An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »
He was at my home before she received supposed positive test. She made sure to take him home before telling me that she was even tested and refuses to show me her results. Is there anything I can do?
If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a... Read more »
My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.
If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the... Read more »
I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »
The time to take the test is usually set in the court order.
I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »
A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »
My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »
If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.
My 10 year old daughter is wanting to do cheer leading again for a 2nd year which she tried out for and made the team. Unfortunately, the team she made has practices every Sunday which interfere with her fathers scheduled time. I spoke to my daughter and she informed me she was ok with shorter time... Read more »
You should consult with an attorney to get a modification and set for temporary orders to address this one issue. Obviously father is going to want his time made up elsewhere, so I'd start brainstorming alternate periods of possession or make up times over holidays to provide as a reasonable... Read more »
We are dealing with court but we both got back together and the case keeps getting pushed out and we both want to end it . we no longer have a need to go to court
Child support and custody orders in Texas will state right in the order that they cease to be effective if the parties marry each other. But you don't need to get married to end the current litigation. Whoever brought the current suit needs to file a non-suit, telling the court that they want... Read more »
My husband and I have a good relationship overall, we are about to have a son this year. Unfortunately, he has a binge drinking problem that has caused us a lot of problems over the years. He will go months without drinking and causing any issues, but it only takes one day of too many drinks for... Read more »
If you execute such a settlement in the context of a Mediation (and it is a mediated settlement agreement), it would very likely be irrevocable. See In re Lee, and opinion handed down by the Texas Supreme Court in 2012.
https://law.justia.com/cases/texas/supreme-court/2013/11-0732.html
My husband and I have a 5 mo old baby. For a few reasons he has spent a significant amount of time with my parents. We are the guardians of my special needs brother-in-law and he developed some aggression and we needed to work with doctors to fix (which we have and it's no longer an issue... Read more »
A person has a statutory obligation to call CPS and make a report if he or she has reason to believe that a child has been abused. From what you describe, you are asking if you should call because your child has not been abused. In such a case, you do not have an obligation to report, and you... Read more »
You can file a suit affecting the parent child relationship or file for divorce. The parentage suit will handle child visitation and rights and duties regarding the child. The divorce handles the same issues regarding the child but also deals with property division and maybe other issues... Read more »
I say the parent is nonfit because I know drugs are involved an more then likely he uses. I have standard visitations right now but hate feeling like I have to still send her for his weekends, when in the back of my mind I know something could happen to her, but I feel if I dont allow her to go I... Read more »
Your question says he has visitation. If there is an order in place and there has been a material and substantial change in circumstances, then you can ask for a modification from the court if such a modification would be in the child’s best interest.
If there is no order then you... Read more »
The orders are to live in Denton county or surrounding counties however, my whole family has moved to Tennessee and the non custodial parent lives out past Mesquite. He isnt present in their lives, hasn't been in over a year, but when I wanted to relocate before he said that he didn't... Read more »
Does he live in a county the child is allowed to live in? The exact wording of the order needs to be reviewed to see if the geographical restriction was lifted automatically.
You can ask a court to modify an order lifting a geographical restriction based on a material and substantial... Read more »
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