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Texas Child Custody Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Quarantine for 14 days

Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 13, 2020

The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... Read more »

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Texas on
Q: My wife and I are getting a divorce she's not allowed me to see my son without any paperwork she is gone into hiding in

My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »

Ruby K Bolton
Ruby K Bolton answered on Jul 12, 2020

You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: Custody havent been able to see child. No contact no phone number no address. Want to see my kid.

My husband has had a on going issuse with getting his son. The mother will not let me have him. She wont return phone calls or texts. I have no idea where she lives or works.

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If there is a court order in place regarding the child then an enforcement would be a proper route to take. A Writ of Habeas Corpus can be filed for the purpose of the mother being ordered to hand over the child at a specific place and time if the father has a legal right to have them (pursuant to... Read more »

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: we were set for mediatrion till i saw the price tag. being a single mother i can not pay the price tag for my lawyer .

what can i do ? i have no legal rep and will not agree to his terms which leave me and the girls homeless

Kelly Case
Kelly Case answered on Jul 8, 2020

Not possible to answer based on limited information provided. You can try and contact Legal Aid for your county and see if they can step in to help. Or you can try and mediate the case yourself. Fortunately, mediation is a lot less formal than Court and you will know the facts of the case. You can... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I need to notify the Texas court that I moved me and my daughter to California even if I have sole custody?

I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 7, 2020

The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Should I keep my daughter quarantined for the recommended 14 days at my house?

Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.

He is not willing to get tested and he is not willing to agree to keep my... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 1, 2020

As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I think my ex-wife is lying about having a positive COVID19 test to keep my son from me . He has tested negative.

He was at my home before she received supposed positive test. She made sure to take him home before telling me that she was even tested and refuses to show me her results. Is there anything I can do?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Texas on
Q: Can images and videos taken without authorization from my iPad be used as evidence in court?

My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 25, 2020

If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How long does a parent have to complete drug test when ordered by judge?

I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 24, 2020

The time to take the test is usually set in the court order.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can i see my children and not go to jail because child support?

I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2020

A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I had filed for a motion to transfer my case should I wait until I get approved to serve a copy to the petitioner

My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I get a temporary order quickly until our current order is changed?

My 10 year old daughter is wanting to do cheer leading again for a 2nd year which she tried out for and made the team. Unfortunately, the team she made has practices every Sunday which interfere with her fathers scheduled time. I spoke to my daughter and she informed me she was ok with shorter time... Read more »

Jessica Estorga
Jessica Estorga answered on Jun 18, 2020

You should consult with an attorney to get a modification and set for temporary orders to address this one issue. Obviously father is going to want his time made up elsewhere, so I'd start brainstorming alternate periods of possession or make up times over holidays to provide as a reasonable... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: what happens if both parents get married to each other while haveing a custody hearing with a child they share? In texas

We are dealing with court but we both got back together and the case keeps getting pushed out and we both want to end it . we no longer have a need to go to court

Ruby K Bolton
Ruby K Bolton answered on Jun 15, 2020

Child support and custody orders in Texas will state right in the order that they cease to be effective if the parties marry each other. But you don't need to get married to end the current litigation. Whoever brought the current suit needs to file a non-suit, telling the court that they want... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I write a child custody agreement that won’t be revoked by a judge , if my husband voluntarily signs them in court?

My husband and I have a good relationship overall, we are about to have a son this year. Unfortunately, he has a binge drinking problem that has caused us a lot of problems over the years. He will go months without drinking and causing any issues, but it only takes one day of too many drinks for... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 8, 2020

If you execute such a settlement in the context of a Mediation (and it is a mediated settlement agreement), it would very likely be irrevocable. See In re Lee, and opinion handed down by the Texas Supreme Court in 2012.

https://law.justia.com/cases/texas/supreme-court/2013/11-0732.html

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Should we call CPS on ourselves after being sued for custody?

My husband and I have a 5 mo old baby. For a few reasons he has spent a significant amount of time with my parents. We are the guardians of my special needs brother-in-law and he developed some aggression and we needed to work with doctors to fix (which we have and it's no longer an issue... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 7, 2020

A person has a statutory obligation to call CPS and make a report if he or she has reason to believe that a child has been abused. From what you describe, you are asking if you should call because your child has not been abused. In such a case, you do not have an obligation to report, and you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband has my son but he wont let me see him or even talk to him what can i do?
Chad Zubi
Chad Zubi answered on Jun 5, 2020

You can file a suit affecting the parent child relationship or file for divorce. The parentage suit will handle child visitation and rights and duties regarding the child. The divorce handles the same issues regarding the child but also deals with property division and maybe other issues... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: What is the first step I could take into filing for custody or atleast supervised visits against a parent that is nonfit

I say the parent is nonfit because I know drugs are involved an more then likely he uses. I have standard visitations right now but hate feeling like I have to still send her for his weekends, when in the back of my mind I know something could happen to her, but I feel if I dont allow her to go I... Read more »

Chad Zubi
Chad Zubi answered on Jun 5, 2020

Your question says he has visitation. If there is an order in place and there has been a material and substantial change in circumstances, then you can ask for a modification from the court if such a modification would be in the child’s best interest.

If there is no order then you...
Read more »

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: what steps do i need to take to be able to move out of state with my children if there is an custody order in place?

The orders are to live in Denton county or surrounding counties however, my whole family has moved to Tennessee and the non custodial parent lives out past Mesquite. He isnt present in their lives, hasn't been in over a year, but when I wanted to relocate before he said that he didn't... Read more »

Chad Zubi
Chad Zubi answered on Jun 4, 2020

Does he live in a county the child is allowed to live in? The exact wording of the order needs to be reviewed to see if the geographical restriction was lifted automatically.

You can ask a court to modify an order lifting a geographical restriction based on a material and substantial...
Read more »

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