Texas Child Custody Questions & Answers
Q: I am a grandparent. I would like to persure custody of my granddaughter.
Victoria Collins' answer
You may petition for custody if the child had been in your possession and care for at least 6 months (not necessarily consecutive months). Consult a family law attorney to help you.
You may petition for custody if the child had been in your possession and care for at least 6 months (not necessarily consecutive months). Consult a family law attorney to help you.
Q: Hi am getting ready to sign my divorce degree but I see a lot wrong with it and my lawyer is saying I can’t change it
Rahlita D. Thornton's answer
The question is why would you have a divorce decree if you were never married. That seems odd. I would suggest that you ask to have a conference with your attorney to explain these concerns as they are the best ones with knowledge about the details. Just tell the attorney that you are not understanding and ask for clarification. Good luck.
The question is why would you have a divorce decree if you were never married. That seems odd. I would suggest that you ask to have a conference with your attorney to explain these concerns as they are the best ones with knowledge about the details. Just tell the attorney that you are not understanding and ask for clarification. Good luck.
Q: Can my sons father take my son away from me of get full custody if we were not married when my child was born?
Rahlita D. Thornton's answer
Both parents generally have equal rights to their child. Therefore, it’s possible for mother or father to gain primary custody of your child. Let us know if you need assistance setting up terms with the court so that each parents rights and duties are spelled out. 888-3434-LAW or 888-343-4529.
Both parents generally have equal rights to their child. Therefore, it’s possible for mother or father to gain primary custody of your child. Let us know if you need assistance setting up terms with the court so that each parents rights and duties are spelled out. 888-3434-LAW or 888-343-4529.
Q: My child mother placed me on child support but I never had DNA done or signed acknowledge paper. Do I owe back pay?
Rahlita D. Thornton's answer
The most important thing is to get a DNA test. We could assist you on getting you through it all. We be happy to assist 888-343-4529 or 888-3434LAW.
The most important thing is to get a DNA test. We could assist you on getting you through it all. We be happy to assist 888-343-4529 or 888-3434LAW.
Q: Can she put me on child support? Do i have any legal obligation to the child?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Texas
on
Answered on Jan 11, 2019
Answered on Jan 11, 2019
Victoria Collins' answer
If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to make sure you are the father. If you are in fact the father you can voluntarily terminate your parental rights.
If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to make sure you are the father. If you are in fact the father you can voluntarily terminate your parental rights.
Q: how can I find out if I still have custody of my kids. The mother lost custody about 4yr ago and I just found out about
Rahlita D. Thornton's answer
There's a lot going on in your situation. It would be most helpful for you to schedule a consultation with an attorney.
There's a lot going on in your situation. It would be most helpful for you to schedule a consultation with an attorney.
Q: My s/o and I went to c/s a year ago because She wanted the health insurance. Now she leaving and taking our 2yr old.
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Texas
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at the order that was signed by the judge when you went to the child support court. It should also have some details about your visitation rights. Good luck.
Look at the order that was signed by the judge when you went to the child support court. It should also have some details about your visitation rights. Good luck.
Q: I pay cs to my ex for our daughter. N she's keeping our daughter away from me CS gets taken out of my check
Victoria Collins' answer
Your obligation to pay child support is not contingent on whether or not you are allowed visitation with your child and vice-versa. You are entitled to see your child, so you want to see a lawyer who practices family law who can help you enforce your visitation rights.
Your obligation to pay child support is not contingent on whether or not you are allowed visitation with your child and vice-versa. You are entitled to see your child, so you want to see a lawyer who practices family law who can help you enforce your visitation rights.
Q: My eight month old son's Father is keeping him away I have no contact What should I do
Rahlita D. Thornton's answer
File suit and get orders put in place by a judge. We suggest you employing an attorney. Let us know if you’d like our help. 888-3434LAW or 888-343-4529.
File suit and get orders put in place by a judge. We suggest you employing an attorney. Let us know if you’d like our help. 888-3434LAW or 888-343-4529.
Q: I need a precedent where an abused woman did not lose her children. How do I find?
Rahlita D. Thornton's answer
An abused woman should not lose her children just because she was abused. Good luck in your case.
An abused woman should not lose her children just because she was abused. Good luck in your case.
Q: My job is going to offer Health Ins but my ex has my son on Medicaid and is opposed. Do I have to cover him on my plan?
Victoria Collins' answer
If your Final decree designates you as the parent who provides the child health insurance, then you are the one responsible to provide. Once you have added the child to your health plan, you may want to seek legal counsel regarding the modification of your support requirements so that you are not paying for Medicaid.
If your Final decree designates you as the parent who provides the child health insurance, then you are the one responsible to provide. Once you have added the child to your health plan, you may want to seek legal counsel regarding the modification of your support requirements so that you are not paying for Medicaid.
Q: If My ex spouse has one of our kids and I have the other, how is child support determined
Rahlita D. Thornton's answer
Child support would be modified and the difference in what you are required to pay and what the other parent is required to pay would examined. You would also need to determine the number of years support is going to be required for each child individually in the future after one of them emancipates. We can be reached at 888-3434LAW or 888-343-4529.
Child support would be modified and the difference in what you are required to pay and what the other parent is required to pay would examined. You would also need to determine the number of years support is going to be required for each child individually in the future after one of them emancipates. We can be reached at 888-3434LAW or 888-343-4529.
Q: What happens when child must change school because of bully problem?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Rahlita D. Thornton's answer
Since your son is in high school then child support obligation is not that for that many years then my practical suggestion is that you continue to work together for the benefit of your son. If there becomes an issue or disagreement then of course consult legal counsel. Good luck.
Since your son is in high school then child support obligation is not that for that many years then my practical suggestion is that you continue to work together for the benefit of your son. If there becomes an issue or disagreement then of course consult legal counsel. Good luck.
Q: My kids mother gave guardian ship to her friend. Now her friend is taking her to court for full custody. can I get the
Rahlita D. Thornton's answer
You have right to certain parental rights. Gaining primary custody is certainly something you can petition the court for. You’ll need to consult with an attorney to make sure that legal requirements for your filing will be do properly. We could help 888-3434LAW or 888-343-4529.
You have right to certain parental rights. Gaining primary custody is certainly something you can petition the court for. You’ll need to consult with an attorney to make sure that legal requirements for your filing will be do properly. We could help 888-3434LAW or 888-343-4529.
Q: We had designated weekends in place for my son to visit, in accordance to the child support decree, can that be taken aw
Rahlita D. Thornton's answer
If there is a valid signed order by the judge in place setting out visitation that stands until an order modifying it is rendered by a judge. 888-343-4529 or 888-3434LAW.
If there is a valid signed order by the judge in place setting out visitation that stands until an order modifying it is rendered by a judge. 888-343-4529 or 888-3434LAW.
Q: If my daughter's Mom takes her to a different state and put me on child sup we split up after 2 years
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Texas
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Rahlita D. Thornton's answer
Child support is to be used for expenses for the child going forward. Retroactive child support is for past child support needs. Both parents have an obligation to finance their child’s needs.
Child support is to be used for expenses for the child going forward. Retroactive child support is for past child support needs. Both parents have an obligation to finance their child’s needs.
Q: My ex husband wants to sign over his rights on our daughter how do we start the process
Rahlita D. Thornton's answer
First you should consult with an attorney to ascertain if your goals will actually be achieved in this process. For instance doing so may or may not eliminate his child support obligations.
First you should consult with an attorney to ascertain if your goals will actually be achieved in this process. For instance doing so may or may not eliminate his child support obligations.
Q: Went to court to be get temporary foster custody of a ward of the state and the Judge decreed us as legal guardians.
Rahlita D. Thornton's answer
If you are considering not being the legal guardians then you need to consult with an attorney about your options. It sounds like it is just a temporary arrangement. Good luck.
If you are considering not being the legal guardians then you need to consult with an attorney about your options. It sounds like it is just a temporary arrangement. Good luck.
Q: I have a serious question my son grandmother has threatened me since I gave birth she thinks she can take him for 3 days
Rahlita D. Thornton's answer
You should not have to live in fear from your child's grandmother. In general without any court orders in place you owe her no duty to allow her visits. If she is being harassing consider filing charges with the police. Also, it is a good idea to get orders in place for specific periods of visitation for the father if you believe that he should have those. This is certainly uncalled for and has to be traumatic to your child. We could assist you in getting orders in place if you desire....
You should not have to live in fear from your child's grandmother. In general without any court orders in place you owe her no duty to allow her visits. If she is being harassing consider filing charges with the police. Also, it is a good idea to get orders in place for specific periods of visitation for the father if you believe that he should have those. This is certainly uncalled for and has to be traumatic to your child. We could assist you in getting orders in place if you desire....
Q: I'm dealing with cps and my daughter is in foster care for 7 months now how can I sign over guardianship?
Rahlita D. Thornton's answer
Who do you want to sign guardianship over to? Is it to the foster caregiver? If so, CPS would normally take care of those issues. Just make sure that the specifics of what you are doing is read and understood. It appears that you do not want to give up your daughter permanently so be careful in what you are doing.
Who do you want to sign guardianship over to? Is it to the foster caregiver? If so, CPS would normally take care of those issues. Just make sure that the specifics of what you are doing is read and understood. It appears that you do not want to give up your daughter permanently so be careful in what you are doing.
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