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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Texas on
Q: Can CPS keep a child's survivor benefits that the child receives and not give it back to them when they turn 18? My daug

CPS kept my daughters survivors benefits she received from her deceased father the two years she was in their care. They told me it was in a savings account for her and then told her it was to pay for her care. Can they do that?

Brad A. Thomas
Brad A. Thomas answered on Oct 22, 2020

They likely were able to do that. You can read more about the law in this situation here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502159.

If your daughter was under the care of CPS for two years, then that means they had legal custody of her during that time and Social Security most...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Being pregnant and French citizen, I want to deliver in France with my family. Do I need the authorization of the dad?

Hi! I am pregnant with a guy here and we broke up about a month ago. I left our common apartment to stay with my sister because he was neglecting me at home. I’ve been at my sister’s for 2 weeks and he didn’t ask for the baby even less for me. I’ve been thinking and I want to go back to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 21, 2020

As long as you have a valid passport, have no outstanding warrants for any crime you may have committed, and France would not prevent you from flying in because of the Coronavirus, then there is no legal way that your baby's father can keep you here.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hi I'm primary custodian of my daughter and about a month ago cps put her in her dad's temporary care my case is gonna

Close in the next week but recently he let me know that he was going to take me to court for custody and he said he was going to keep her even if my case is closed & even if I have court order from the judge saying I'm primary custodian till we go to court and they decided..can he do that... Read more »

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You should hire an attorney to assist you with this matter. There are a lot of issues going on in the scenario you are describing.

You are required to operate under the last court order signed by a Judge until that order is changed.

If there is a restraining order against a person...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can a lawyer broker a child support agreement when he knows his client is returning to prison and won’t live up to it?

Would this constitute any ethics violation?

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

No. Going to prison doesn't negate the fact that a person is obligated to pay child support.

***This is for educational purposes and does not constitute an attorney-client relationship***

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Separated wife needed break so she took trip to Tennessee but took my son to her mother's but didn'tgivemeoptiontokeep

She currently lives in the house and she wanted me to live with my dad but I said no so I stay in our travel trailer I pay all the bills she has no job just want to know the best options.

Yanine Dominique Krohn
Yanine Dominique Krohn answered on Oct 14, 2020

I would strongly encourage you to schedule an appointment with an attorney in your area. Whenever anyone wants to have orders specifying their rights and duties to their children, those orders have to be issued by a court with jurisdiction (i.e. authority to make orders that affect your life). A... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What are chances my son go to jail for keeping daughter from mom for protection reasons: suicide attempt, drug abuse ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 14, 2020

It depends on the facts and how the Judge views them. If the Judge believes that him doing so was necessary to protect the girl, your son should be fine. The best approach, however, is for your son to take the initiative, hire an attorney and file an Application for Temporary Restraining Ordre... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Standard Wording for Flights Parents Over 100 Miles Texas

Had a hearing and judge did not make a ruling on no plane change flights. We do not live in a city where this is an option and opposing party is writing in "no equipment change" flights.

Is this standard? They are also asking for "all travel expenses" incurred to be... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 13, 2020

I can answer the first part of your question. A "direct" flight is not the same thing as a "non-stop" flight, which is a distinction I think you are confused about. Any flight that leaves from the correct city and arrives in the city designated by the court order is a... Read more »

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.

If you guys cannot come to an agreement you can...
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1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Texas on
Q: Can new girlfriend be home alone most the time with my child having her own children removed from home

She had 3 kids of her own that she has no right to that live with her mom. Also she spends 98% of time with my child

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

Probably yes but it depends on what your custody order says. There may be a "no shack up" clause that prevents overnight visits when your ex has not remarried.

If the new girlfriend is a danger to the child, you likely have grounds for a modification.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Mother with custody was deported, Me the father without custody Will keep child, how can get custody?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 1, 2020

You should ask the Court for an Order to make you the parent with primary custody.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live with the father of my kids and I want to leave and take my kids with me. I no longer feel like it’s safe for us.

Can I do that without his consent

Sharita Blacknall
Sharita Blacknall answered on Sep 27, 2020

Anyone in fear of the safety of themselves and their children must get themselves out of harm's way.

I suggest that if you do not have a court order in place already regarding custody, visitation, and financial support that you hire a lawyer as soon as possible to get one.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Have court order for 2 hour weekly visitation Saturdays 2-4pm. Just told we, the custodial and courts cant force kids

Have been "allowed" facetime visits only since March due to Covid. Been Sundays 1230 - 230 but kids started to just hang up with no explanation after 15mn to an hour. Told them next visit will be 2pm - 4pm Saturday inperson wherever they want. Replied we couldnt force them to go or stay????

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Hire a lawyer to assist you with enforcing your custody rights. You may also want to consider getting a court order for family counseling to figure out why the children are resisting attending visitation.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... Read more »

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: can a custodial parent leave to another state with child if a child support order exist, we are still married

my wife and i are separated and she moved from San Antonio TX to Henderson NV, she did not notify me that she was moving. I have not seen my son since April, because she has been using covid as a reason, but she sent my mother a letter that she left town along with photos of my son from trips she... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 2, 2020

If there is an Order in place authorizing you to have visitation, she cannot legally use the COVID crisis as a reason to deny you visitation. Also, if there is a geographic restriction on your son's residence, she may be in contempt for moving your son out of that area.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Hello , i was wondering if i can get some information on what i should do about rights of my children

My wife and i have been separated for about 4 years now. i haven't seen or talked to my kids in 2 years. She has cut off all communication to where i cant talk to the. All i want is something to do with my kids

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you guys are not divorced, you need to hire a divorce attorney to file for divorce and get court-ordered visitation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Is this normal? What can I do? Can he win custody of 1 kid?

Why

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

Family law cases are very fact specific. You will need to consult with an attorney about the specifics of your case. It is possible for a person to win custody of 1 kid if the facts support it. If the facts do not support it, the lawyer you hire will be able to point that out to the Judge.

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