Get free answers to your Child Custody legal questions from lawyers in your area.
I need to take the mother of my child to court because I have not seen my son in a year. She refuses to provide her contact information or address. We have an agreement from a judge regarding custody, but she's not following it. There has been a previous court decision on this matter, and... View More 
answered on May 8, 2025
I concur that you should take the mother to court on a motion to enforce the existing order. As this is not a do-it-yourself type of legal proceeding, you should hire an attorney with experience in family law who practices in or near the county where the court that issued the existing order is... View More
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
answered on May 7, 2025
Theoretically, you can file an original suit affecting the parent-child relationship to establish a legal custody order and ask the court to enjoin the father from allowing the child to see the grandfather. This may or may not be granted depending upon the facts and circumstances of your... View More
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
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answered on May 7, 2025
Without any custody Orders in place, you wouldn't be able to stop the Father from taking the child to meet his Grandpa.
If you file a petition in Suit Affecting the Parent Child Relationship, you can ask a Court to enjoin the child from seeing the Grandfather, but you will have to show... View More
I can't afford a divorce lawyer, and I'm concerned about the division of assets and child custody. I need guidance on accessing legal aid services in Texas to handle these issues. How can I proceed with getting the support I need?
answered on May 5, 2025
Contact a legal aid clinic in or near the county where you reside. There are several throughout Texas. Most routinely handle family law matters like divorce and child custody. For example, Texas Rio Grande Legal Aid can be reached at www.trla.org
I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More
answered on May 2, 2025
Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.
Normally, in a divorce situation, a court cannot order an adult to return... View More
I want to file for joint custody of my child. I have not spoken to the other parent yet. I prefer to go through the courts rather than discussing it directly with her. Currently, my child lives in Texas, and I live in Waukegan. How do I proceed with filing for joint custody under these... View More
answered on May 2, 2025
If there is no current custody order, you can file an original suit affecting the parent-child relationship in the Texas county where the child lives if the child has lived in Texas for at least six months.
If there is a current custody order, you should consult an attorney in the state... View More
I have been sued for custody of my son by my ex-mother-in-law, who currently has him living with her. She is trying to take custody by making false accusations against me. I need help understanding what documents I need to fill out to counteract the legal action she has taken. What are the best... View More
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answered on Apr 30, 2025
Depending on how long she has had the child, she might not have standing to bring suit, which would require you to file a Motion to Dismiss for lack of standing or a motion to strike petition.
If she has standing, you would need to file an answer as a first step and possibly a... View More
I am the custodial parent of my 3-year-old daughter, with her father having visitation once a month. In our divorce decree, both of us are listed as joint managing conservators, allowing us to act on her behalf regarding non-invasive medical procedures. Recently, my daughter mentioned that her... View More
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answered on Apr 30, 2025
Generally if a parent is a Joint Managing Conservator, he is allowed to swab the child cheek to perform a DNA test. This is not considered an invasive procedure. If Father has concerns that the child isn't his, he could ask a Court to order a DNA test. If he has possession and access, he can... View More
I have an ongoing custody case in California that began in 2018. My ex-husband continually disputes the superior court judge's orders. We've been living in Texas for 16 months, and I want to transfer the case to Texas. A Texas lawyer told me it could be done, but it would cost $6000 to... View More
answered on Apr 24, 2025
Because there is no procedure or mechanism for transferring a pending civil case from one state court to a court of another state.
If you filed the pending case and your ex-husband did not file a counterclaim, you might be able to dismiss your pending California case without prejudice... View More
I'm currently alternating weeks with the other parent for visitation, but we now live over two hours apart, more than 100 miles away. Our daughter is about to start pre-kindergarten in a few months, and we don't have any existing court orders for visitation. I've tried discussing the... View More
answered on Apr 16, 2025
It sounds like you have existing court order that doesn't address this issue. If that is correct, then you would want to file a Petition to Modify the Parent-Child Relationship because you are asking the Judge to change an existing court order.
You are asking the Judge to change in... View More
I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More
answered on Apr 14, 2025
You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.
In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More
I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More
answered on Apr 14, 2025
You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More
Can dad add his extra summer days to Father’s Day weekend? We split summer visits by week for a 7day total and we can elect to add 3days to our week to make one 10day week. My week starts Friday at 6pm with me and then the following Friday at 6pm one week with dad. My week is June 13-20 with 3... View More
answered on Apr 4, 2025
It depends on what the language in the Decree says. There is no legal prohibition on him choosing to add those days to the end of his Father's Day weekend. So, if the Decree does not prohibit it and gives him the right to add three days, then I think he most likely could do so.
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
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answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
answered on Apr 1, 2025
Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504
On a more practical note, I am familiar with... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More
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answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More
answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I am the custodial parent with primary custody of my child under a standard possession order in Texas. My ex-mother-in-law is emailing my child's teachers but does not include me in those communications. Despite asking my ex-husband to have his mother include me, I have been told she is not... View More
answered on Mar 28, 2025
Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.
It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
In the standard possession order, Spring Break begins on the day school is recessed for Spring Break and ends on the day school resumes after Spring Break. Commonly, school is recessed for Spring Break on a Friday at the end of the school day runs through the following week and then resumes on the... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
To be clear, that usually means that under the standard possession order, the parent who has possession for Spring Break gets two consecutive weekends along with the entire week between them.
So, if the weekend possession schedule is 1st, 3rd, and 5th or 2nd and 4th, the parent who has... View More
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