Texas Child Custody Questions & Answers

Q: Wife’s mother is legal guardian of child. If husband files for divorce do he need to declare that a child is involved?

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Answered on Mar 19, 2019
Carrie T. Schilling's answer
Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or may not result in a modification to that existing order, including the child support. However, it is unlikely that support would be back-dated 7 years if that did not occur when the court issued the...

Q: How do the courts determine where a child with Autism lives?

1 Answer | Asked in Child Custody for Texas on
Answered on Mar 18, 2019
Rahlita D. Thornton's answer
A child with Autism is seen as living in a place as any other child.

Q: Can I call a peace officer to get her returned to my mom? If I withdrew my dismissal request will I get in legal trouble

1 Answer | Asked in Child Custody and Family Law for Texas on
Answered on Mar 10, 2019
Rahlita D. Thornton's answer
There is a lot going on in your case. In order to obtain a good legal response I suggest that you speak directly with an attorney to advise you. We can assist you if you desire 888-343-4529.

Q: my sister passed away 2/5 and left behind 4 beautiful children. i would like to obtain legal guardianship.

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Answered on Mar 9, 2019
Rahlita D. Thornton's answer
First of all sorry for your recent loss of your sister. What a wonderful thing to see families taking care of their own. Your mother has standing to petition the court to deal with these issues. Let us know if you would like our assistance. 888-343-4529.

Q: How exactly if the 100 miles calculated in custody orders and how is it determined exactly?

1 Answer | Asked in Child Custody for Texas on
Answered on Mar 8, 2019
Rahlita D. Thornton's answer
The 100 miles is calculated from the residence door to the residence door on a map and NOT driving distance. Let us know if you need further assistance. An attorney who provides you with an answer should really read your specific order. See that you are in El Paso. We do not service that area. However, if the order happens to be pending in our service area which is Harris County and surrounding counties give us a call at 888-343-4529. Good luck.

Q: What can I do if I never agreed to the custody decision and was unfairly given supervised visitation with split custody

1 Answer | Asked in Child Custody and Family Law for Texas on
Answered on Mar 8, 2019
Rahlita D. Thornton's answer
You can file contempt motions against mom and do a motion to modify. Check with an attorney in your area for a detailed analysis of your case. Good luck.

Q: Hello,I'm seeking legal aid help for a family law matter concerning my son.

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Mar 5, 2019
Rahlita D. Thornton's answer
You should really obtain legal counsel in your area to make sure that you are asserting your rights in the correct legal manner according to the terms of the order. You do not want to be charged with kidnapping yourself. Good luck.

Q: Ok the mother of my child has 4 kids 4 different dad's is it legal for her to collect only child support on two of us?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Mar 1, 2019
Rahlita D. Thornton's answer
Each father can be ordered to pay child support regardless of another father’s obligation. One is not dependent on the other. Hope this helps.

Q: In the state of Texas is ok for kids to share a room or do they need there own rooms?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 23, 2019
Rahlita D. Thornton's answer
It would be best for the kids especially since they are not the same sex to have their own room.

Q: I got my cousin pregnant when I was 17 but turned 18 while she was pregnant she is 15 can I go to jail for this

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on
Answered on Feb 21, 2019
Roy Lee Warren's answer
Yes, you could go to jail because having sex with a minor is against the law. However when the participants ages are not greater than 3 years apart the is an affirmative defense (meaning you must assert the defense or it is waived) known as the "Romeo and Juliet" law that can be a defense for you. Good luck and I hope it all works out for you.

Q: What legal rights being a grandmother do I have of getting report custody

2 Answers | Asked in Child Custody for Texas on
Answered on Feb 16, 2019
Victoria Collins' answer
In Texas, grandparents rights are limited. As long as the child’s parents are capable and willing to care for the child, grandparents have no standing to gain conservatorship.

Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on
Answered on Feb 15, 2019
Rahlita D. Thornton's answer
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.

Q: What rights does my daughter have over her baby since her and her boyfriend broke up?

1 Answer | Asked in Child Custody for Texas on
Answered on Feb 14, 2019
Rahlita D. Thornton's answer
Contact the State Bar of Texas for referrals. Good luck.

Q: Who do I need to call about finding out if custody papers were filed

1 Answer | Asked in Child Custody for Texas on
Answered on Feb 14, 2019
Rahlita D. Thornton's answer
You can call or go online to whatever county the order may be in and tell them you need to know if any orders have been signed regarding you and him. Ask for CERTIFIED copies if so. Start there. Good luck to you. If you need our assistance we could help with this process. I know it is hard on you not being able to see your kids. Let us know 888-343-4529 or 888-3434LAW

Q: How to.go.back to.court to get my visitation rights?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 14, 2019
Rahlita D. Thornton's answer
If you’re being denied visitation rights then you have a right to file a motion for enforcement and contempt. Parties that do not comply with these orders can face jail time. We can assist. Contact us at 888-343-4529.

Q: How do i go about regaining custody of my 3 children?

1 Answer | Asked in Child Custody for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
You have to file a motion to modify the prior court order. Get an attorney if you are serious about such.

Q: My son is 12 and lives with his dad. He wants to live with me. Will a judge let him?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
Regardless of the age of the child the judge still ultimately has the final call on this issue. 12 is an age that the courts do give a good deal of credence to their opinion.

Q: My son's adopted mother told me to "figure out" how to get a custody agreement drawn up to release him to me.

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 8, 2019
Rahlita D. Thornton's answer
You need to change the order and that can be done with an attorney's assistance. A document with the judge's approval is the best way to handle this situation. Any changes just done without a judge's signature may not hold up if there are disputes later. Good luck.

Q: Can mother of kids ask for child support if she doesn’t work? She’s Been going to school for 8-9 yrs now what can I do

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Feb 7, 2019
Rahlita D. Thornton's answer
Yes, she can request child support regardless of how much she makes. Child support is based on your income if she has them primarily. You should still retain an attorney to represent your rights if she does file any actions. 888-343-4529 if you need us.

Q: My husband is paying child support and his ex became pregnant by a man that was abusive to her and just got out of jail.

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Feb 7, 2019
Rahlita D. Thornton's answer
You can file a motion to modify and depending on all of the facts request primary custody of the child. Then she would be responsible for paying child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.