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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Texas on
Q: What exactly do I need to do to get approved for primary custody?

The father of my children is trying to move to Oklahoma because it is a “father Favoritism state than Texas.” What exactly would you need to get primary custody of your child? I’m not trying to have my children that far apart. I really want the children to be close to their mother and father... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 18, 2019

You need to file and get an order in place and work on not allowing the kids to live there. If his name is on birth certificate and there are no orders, then he has rights to take them unless you get an order. 888-343-4529.

1 Answer | Asked in Child Custody for Texas on
Q: If a father who has parental rights along with the childs mother were to sign his rights to his mom what happens.

Would she get custody of the child as well as the mother or what?

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 17, 2019

It would not be automatic. It would depend on the best interests of the child and the court’s interpretation of that standard. Good luck.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: A Mom wants me to adopt baby. Private or agency?
Jon R. Boyd
Jon R. Boyd answered on Sep 16, 2019

Private adoption is still allowed but is very strictly regulated to prevent intermediary placement by any person who is not the parent of the child or who is a licensed child adoption agency. So if the Mother approaches you directly and asks you to adopt her child, without a third party acting as... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I informed my child’s mother that I was going to take her to court for 7 and 7 joint custody and she blocked my number

She also blocked me on all social media. I can’t contact her, or my child. She had also moved to a new house within a week of me telling her this, and I don’t know what the address is. How can I find it for her to be served with the papers?

Johnathan Tracy Ball Esq.
Johnathan Tracy Ball Esq. answered on Sep 15, 2019

There is no one-size-fits-all answer to this question. The first question I have is how old is you child? If he/she is old enough to go to school, you can likely have her served at school during pickup and drop off. If child is not in school, you may want to consider employing a private... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: I’m from TX I’m 21 years old & my mom Says she has custody of me is that possible ? I don’t remember signing anything
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 13, 2019

This sounds absurd. However, if you are incapacitated mentally or physically there be other actions that she could have taken. Good luck.

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm trying to get full custody of my kids. father has been m.i.a for two weeks. how can i get a court date.

i've tried a few years ago for full custody. ended settling for joint. their father hasn't followed threw with any of his responsabilies since our last court date.

Johnathan Tracy Ball Esq.
Johnathan Tracy Ball Esq. answered on Sep 13, 2019

Your best option is to hire an attorney. You need to file a suit affecting the parent child relationship (SAPCR) and have father served. If you cannot locate him there are other methods for getting him served. As far as "full custody", Texas really does not have such a thing. There is joint... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I ensure a non custodial parent does not get visitation rights. They have a past with family violence.
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 11, 2019

You will need to petition the court with your request. Have your evidence spelled out then contact an attorney in your area.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I get my visitation when managing conservator refuses to answer calls, texts, and doesn't turn over child?

I have a current c/s, visitation order in Texas; I'm currently 1 month behind on c/s payments due to attending a fast course class (school). My son's mother is preventing me from seeing my son due to this. I have taken my court order to her house to pick him up and even asked police to meet me... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

Best recourse is to contact attorney since you have to meet very specific criteria to hold her accountable.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: The long distance visitation clause seems to only allow major carriers. Does this eliminate regional and commuters?

Family Code: "Flight Arrangements - IT IS ORDERED that PARENT Y shall make airline reservations for the child only on major commercial passenger airlines on flights having no change of airplanes between the airport of departure and the airport of final arrival (a "nonequipment change flight"). IT... Read more »

Jon R. Boyd
Jon R. Boyd answered on Sep 4, 2019

It means use Non Stop only. I don't think any court would say Regional carriers of major airlines couldn't be used, although you're right, that standard boilerplate language is arguably ambiguous. Safest bet would be to get the other parent to sign an agreement and you file it or, better yet, do an... Read more »

3 Answers | Asked in Family Law, Immigration Law, Child Custody and Child Support for Texas on
Q: I got a filipina pregnant in the Phillipines. Not married to her. Does she have any right to child support from me?

Can she get legal help to take my money since she is not a US citizen?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Sep 3, 2019

I couldn't say with regards to Philippines law, however I am assuming you will want to bring her to the USA and/or make your child a citizen. If so, please contact us. We can help with either or both.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How likely is it that an attorney can Subpoena the recorded phone call made to CPS and track who made the call?

Someone called CPS pretending to be ME and made false Accusations stating that my daughter was sexually abused....my question is how likely is it that an attorney can Subpoena the recorded phone call made to CPS and track who made the call?

Amir Tavakkoli
Amir Tavakkoli answered on Sep 3, 2019

Very unlikely. CPS records, specially the records of the initial call to report, are extremely confidential. Also, for a subpoena to be even available, there has to be an open case pending (note this is different than a CPS investigation which is not an open legal case).

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1 Answer | Asked in Child Custody for Texas on
Q: My mother in law passed away in Oct 2018 and she had manaming conservatorship of our 2 kids,our rights were not striped

And we had a final order signed by a judge..after she passed my sister in law took them into her home because she said that CPS said that she had custoday if them,that's what she told us so we listened as to not making anything worse,,just recently we found out that we actually have legal custody... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 31, 2019

You should consult with an attorney to review the last signed order to evaluate your situation. If the facts are as you say they are, then you do have superior rights.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Visitation on Thursday (2hrs) and his weekend for visitation starts the next day. Child is out of school Fri/Mon Holiday

This situation is in Texas and the father did not return the child after his 2 hr. visitation on Thursday and states he will return her on Monday after 6pm based on his determination of the agreement.

The Agreement states verbatim Below:

"Except as otherwise expressly provided in... Read more »

Jon R. Boyd
Jon R. Boyd answered on Aug 30, 2019

No.

I cannot say for sure because you didn't cite the next paragraph in the Order, but it USUALLY says he keeps the child until 6 pm Monday OR return to school the next day, ie, Tues.

No, but you could file a Motion for Enforcement to ask the court to punish him for violating the...
Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I have proof my wife is cheating I continue to pay everything he has threatened me can I prevent him from seeing my kid

My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Question about morality clause and amicus attorneys

I have primary custody of my 6 year old daughter. She has told me she’s been staying overnight with her mom at the boyfriends house. This past weekend didn’t even go home to the moms house. She’s even stayed overnight at the boyfriends without the mom there. All I have is my daughters word. I... Read more »

Jon R. Boyd
Jon R. Boyd answered on Aug 26, 2019

The Court of Appeals in Dallas has struck down the Morality Clause for post divorce. It is still OK for Temp Orders, ie, while the divorce is pending.

However, the other side may not know this.

Any lawyer would need to see the actual Decree and read it, but assuming it is there as...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How can I get my daughter back to USA

I live in USA my 19 yr old daughter went to PR and now wants to come back home. She was born here in the US and my fam is not allowing her to come back because they say she is a minor there. Note they do not have custodialship of her. I did until she turned 18 because here in the US at that age she... Read more »

Jon R. Boyd
Jon R. Boyd answered on Aug 26, 2019

Hire a lawyer in PR immediately.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: How do I find the best family attorney?

They are trying to take my grandson away from his my son. They are constantly taking him to court which cost money he hasn’t got. He has to pay child support and he has a special needs daughter he is providing for. Now they are trying to take him away from our entire family for no good reason.... Read more »

Jon R. Boyd
Jon R. Boyd answered on Aug 26, 2019

Very good question and very difficult to answer!

Finding the "best" attorney is subjective. You could interview the most brilliant attorney in the world but he or she could be a complete jerk. Or, you could hire the nicest attorney but he or she might not know what they are doing....
Read more »

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What are the chances of removing grandparents rights in Texas if they continue to violate the mother’s rules?

The grandparents sued me for visitation 7 years ago when my son’s dad died because his father lived in their home longer than 6 months with our son. They continue to violate me as a mother- bought him a BB gun without permission, let him spend the night with people I don’t even know without... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 26, 2019

If you have safety concerns for your son that are valid seeking changes to the court order 7 years ago should be definitely doable. You have to show a material and substantial change from then and it appears that you have several changes. Your rights as a parent are superior to the grandparents... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Hi , I wanted to see if Qualify f qualify or a lawyer? I need help for child support? I can’t really pay much..

I have court October 17th

Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 23, 2019

The Office of Attorney General may be able to assist you. Not sure what the court date is for but contact their office to see if you can get help.

1 Answer | Asked in Child Custody for Texas on
Q: I'm unmarried can i leave my child with the father
Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 21, 2019

You can leave the child with the father. However, there may be other issues that you need to be resolved.

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