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Texas Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I m a single mom,son's father, has extensive background/domestic+. Affected severely by stroke,filed for modification

The original court agreement required his son to supervise first third and fifth weekend of the month when my son turned three. His son agreed, however that has yet to happen and my son is now 6. They have maybe seen him 15 12 to 15 times in a period of 3 years now. So my son cries on the few times... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 18, 2021

You can't control his behavior but you can ask your Family Law attorney if anything can be done to modify the custody arrangement.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Should I let my ex know that I know about her adultery before we go to divorce court, or let it be a surprise?

im going through divorce. we havent gone to court yet. my daughters, 14 and 15, have chosen to live with me, not her. Mothers day weekend, was her first weekend to have them since she moved out a month ago. the very first night she took them to a biker party at her new boyfriends house, got... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 13, 2021

I would suggest that you reach out to a local family law attorney in your area (Irving) so the attorney can sit down with you, learn what's been filed so far in the matter and better understand the facts surrounding your situation.

Adultery is not illegal in Texas. However, it may...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: am I wrong for being scared to allow my child around his father due to inconsistency, aggression, and initially drugs?

I had my son 2017. His father and I were in a relationship. It ended a month after he was born due to him cheating. My son remained in my custody. He came to see him about 3 times before he disappeared for 4-5 months. I tried to contact him in the process and was not able to do so. His mother... Read more »

Sharita Blacknall
Sharita Blacknall answered on May 11, 2021

You are not wrong to be scared. However, if there is ever a court proceeding regarding custody and visitation that you can document all the things you are saying.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Deadline to request summer possession dates was on 03/15 ex didnt request dates until 04/30, is it valid?

We as conservators get 5 extra days of possession during summer break, we have to summit a written request for the dates of our choosing, but my ex didnt request dates until a month and a half after the deadline. There is no default days in our modified order, order is for 7 days with me, 7 days... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 1, 2021

I would agree with what my fellow colleague stated. The final decree will dictate deadlines and rights and duties.

However, even if you technically are correct and your ex missed the deadline, I would encourage that you just allow them to exercise those extra days of possession for the...
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2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2021

There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.

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2 Answers | Asked in Immigration Law and Child Custody for Texas on
Q: Hello, I have two questions please. 1._ Can my fifteen year old daughter visit me in Ecuador during the time her

dad is applying for their resident visa in the USA?

2.- What do I need to fight for her costudy?

Agnes Jury
Agnes Jury answered on Apr 27, 2021

More information is needed to answer your first question and it would be best if you called an immigration attorney to do a consultation over the phone. You should consult with a family law attorney for assistance fighting for custody. Best wishes!

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can cps keep ur kids if u have done everything they have asked and more??

my problem was drinking and i quit and have done everything they asked plus extra. i have an 11 yr old almost 12 yr old and a 6 mo old baby.i think they are trying to give me my baby back cuz my husband is the biological father and leave my son with my parents cuz he loves and trusts them and wants... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 23, 2021

A 12 year old can make his wishes known through his appointed guardian ad litem. It is still up to the Judge to decide whether what the child wants is in the child's best interest.

If you want someone involved in the case drug tested you can file a motion requesting the drug test and...
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