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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Can my ex wife move out of state if there is a geographical restriction on custody order?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

It depends on the facts of the case. Talk to your attorney.

Generally, a restriction will bind the children’s primary residence to one county and either the counties contiguous to their home county or places within a certain distance from their home city. Without an agreement or court...
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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I’m going through a divorce and my ex wife has made it almost impossible to see my children, I haven’t spoken to them

There was orders for supervised visitation, but she has refused to accept or agree on a supervisor for 6 weeks. So I’ve missed 3 visits with my children and am being refused contact on my sons birthday

Omar Darwich
Omar Darwich answered on Sep 24, 2021

If you have an attorney let them know asap if your ex spouse is violating court orders .

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: I am going to get a divorce. My spouse is threatening to draw it out for years. How long can he do that?
Omar Darwich
Omar Darwich answered on Sep 24, 2021

Divorces can get nasty, however, there is no way to drag out a divorce indefinitely. At a certain point the court will run out of patience to give continuances and you can drive that divorce.

In the end dragging out a divorce is costly for both parties and usually a lose-lose....
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My... Read more »

Sharita Blacknall
Sharita Blacknall answered on Aug 20, 2021

There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: how do i get legal custody of the grandchildren i raised in Texas, mom a junkie

the children are 9 6 5 & 3 she leaves them home alone and the new boyfriend makes them call him Daddy and children are always bruised we raised them but my daughter decided to yank them out of the only home they have ever known!!

John Cucci Jr.
John Cucci Jr. answered on Aug 12, 2021

Sorry about your problem.

If you can prove that the children are being abused, you can petition the court in the county where the children are, for a Protective order, and request the children be placed with you while your Petition for custody is pending. The father would need to be part of...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What kind of proof do I need to show the judge?

I signed for child support i wanted 50/50 custody but father said no he wants full custody he lied to the judge about my child living with him judge took his verbal word from him gave him temporarily full custody and all rights wile i pay for child support and get every 1st 3rd and 5th weekends... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Aug 5, 2021

I would suggest that you hire a family law attorney in the San Antonio area right away. The attorney will be able to assist you in putting forward your best argument for the upcoming final hearing or perhaps assist in settling the matter via mediation.

The fact that your child has been...
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1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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1 Answer | Asked in Child Custody for Texas on
Q: Can I file for custody if I live in a diffent state?
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Yes, make sure you contact an attorney before you do anything. There are laws that prohibit the moving of minors across state lines.

Be careful as not to violate Interstate The Uniform Child Custody Jurisdiction and Enforcement Act.

I strongly encourage you to consult with an...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's father has gave me my son back. How do I get myself taking off child support

Can I get some of my back child support money taken off since I have had my child more than the father

Sharita Blacknall
Sharita Blacknall answered on Jun 7, 2021

FIle for modification of your current order.

The attorney general will help you if both parents are in agreement.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My boyfriend is currently on probation for 3 dwi’s, can I stop him from getting unsupervised visits when our son is born

Boyfriend has a blower in car and continues to get drunk almost daily. He is now also smoking the CBD vape pens. The thought of him having unsupervised visits with our newborn in November terrifies me

Sharita Blacknall
Sharita Blacknall answered on Jun 2, 2021

When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can i ask for temporary removal of my child from her father in a temporary child support hearing?

My child is currently with her father and our case is pending in court, his attorney is requesting i pay temporary child support and his attorney fees right now, can my response to this ask that my child be temporary removed out of his care and for him to pay child support i do have proof he is not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

You can file a counter-petition and request temporary orders. Request what you want and set a temporary order hearing requesting what you want.

1 Answer | Asked in Criminal Law, Child Custody and Juvenile Law for Texas on
Q: 17 yr F @ park with 16 yo M. M's g‐ma assaults F. F drives off w/M. F accused of taking a runaway. Police-"Felony".How?

My daughter was at a park with her bf's family. Grandma got confrontational with grandson and my daughter. Told me daughter to leave. Daughter gets in car and calls me. I told her to make sure she doesn't do anything to her bf. Bf gets in car. Gma goes to daughters driver door and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 30, 2021

1. Almost nobody actually memorizes the law. There are too many and they change too often. Any halfway decent cop, lawyer, or judge will check the statutes for all but the most common offenses.

2. Your daughter could be arrested and charged with MURDERING the grandma if a cop believes...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do we have to force my 7 year old stepdaughter to go on her visitation time with her mom? She begs us not to.
Chad Zubi
Chad Zubi answered on May 27, 2021

Hello and thank you for the question. If there is a court order in which the mother is entitled to visitation then the seven-year-old child must go whether or not they desire to. So in essence the other parent has to force her to go.

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

As a general rule if both parents are alive and well, rights not terminated, or incarcerated, then no grandparents have no rights in Texas.

Without court orders granting the grandparents rights, they have none.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Mother's day weekend 2021, did it supercede dad's weekend on an expanded SPO in Texas?
Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

Yes holidays like Mother's Day supersede the Texas standard possession order.

Pursuant to the Texas Standard Possession Order, if you are a mom, you are entitled to possession of your children beginning at 6:00 p.m. on the Friday preceding Mother’s Day. You then get to celebrate...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My child is 12 and has told us she wants to live in our home as opposed to her mom. How would a judge handle this?

Would they go by what my daughter has requested or would it be a big case to modify?

Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

A request for modification and interview of the child can be filed.

Although a child requests to live with one parent versus another it is still at the discretion of the Judge to do what is in the best interest of the child.

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