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Texas Child Custody Questions & Answers
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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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

Thanks for your question! I would suggest that you reach out to a local family law attorney in your area (Dallas) as soon as possible.

If there has not been prior court orders, you will need to pursue legal action to establish paternity and visitation, custody, and child support matters....
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I need to find out what rights or who to contact. I have to my daughter. Ive never been to court or recieved anything.

The mother of my child took my daughter away from me when she was 3 yrs. old I have not seen her since. I have not been to court at all, but I was ordered to pay child support. I had no knowledge of such order until I came home. I have not had any contact with her mother or her, She refuses. I... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

Take the child support order to a family lawyer in your area. They can find out exactly what happened and tell you what your options are.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Why has my lawyer not disclosed pending aggravated domestic charge and previous epo against my wife in temp custody?

V

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids.... Read more »

Rick  Davis
Rick Davis answered on Apr 10, 2021

Under the Texas Family Code, you have to have "standing" in order to bring a lawsuit to get Court ordered possession of or access to children. "Standing" essentially means the right to bring the lawsuit. It can be very technical. You need to consult with an experienced family... Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My sister is in jail and I have her kids. Their dad is threatening to come pick them up. Do I have any legal rights?

I know he is not on one of the birth certificates but is on the other two.

Sharita Blacknall
Sharita Blacknall answered on Apr 7, 2021

If you do not have a court order giving you the right to the children you do not have legal rights.

Biological parents have a superior right to the children.

Below are some of the categories of people who can file for custody if they are not the biological parent. Please note that...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to meet my ex halfway during her designated summer weekends?

My ex and I meet half way on my weekends to see my son as it is stated in our MSA to do so on those weekends. However, My MSA states that during my designated summer time with him that my ex can designate 2 non consecutive weekends to have him. It states ""Conservator" may have... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 6, 2021

Thanks for your question! Unless you both negotiated and agreed to meet halfway somewhere else in the MSA, it doesn't appear like it's required.

I would reach out to a local family law attorney in your area (Burnet) so they can review the language of your MSA. Or, reach out to...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Enforcement

My child’s father is not allowing me to see my daughter so I will be filing motion to enforce the order. Is he able to order drug & alcohol testing for ME to do at that court date (again, I am the one filing enforcement against him) or would he have to file separately outside of the... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes he can file any motion he wants. Whether the judge grants it is a separate story. You should get a lawyer to have the best chance to quash his request for drug testing if he tried.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What are my legal options, to ensure that our children remain healthy and unexposed to Covid?

I have attempted to work out a visitation arrangement with my ex-husband, who's other daughter who lives with him has tested positive for Covid, and he refuses to work with me. We do have a Standard Possession Order currently in place, but Mutual Agreement is also an option. I have asked that... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

To file for a modification and ask for emergency temporary orders.

3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: How do I get my children back when non-custodial parent will not release

Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

You would need to file a writ of habeas corpus and or a petition/motion for enforcement against noncustodial parent. If you win, the judge can issue a capias for his arrest if he still doesn’t return the children. Police usually won’t get involved unless there’s a capias issues against a person.

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: On child support, my son has been living with me for 4 1/2 yrs. I have job insurance but she still gets support&Medicaid

What do i do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 31, 2021

Thanks for your question! I would reach out to a family law attorney in your area (I didn't see a city listed on your question) so the attorney can review the final order with you and learn more about the facts surrounding your situation.

It sounds like you are wanting to modify the...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When will my court date be?

My child’s father is not allowing me to have visitation with my daughter. I plan on filing motion to enforce. After I file the paperwork, how soon will my court date be scheduled for?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question!

It really depends. A lot of courts have been significantly affected by COVID. Many hearings here have been pushed out to June/July.

Have you reached out to an attorney yet? I would recommend that you contact a local family law attorney in Katy, TX so the...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How long do I have to file motion to enforce for child visitation?

In Texas, after I gather all my evidence (police reports, receipts, etc) how long do I have to file motion to enforce for child visitation? Is there a cut off date for filing? After the denied visits, how much time can pass before I file?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question! I would recommend reaching out to a local family law attorney in your area so the attorney can review your final order with you and discuss the facts surrounding your situation.

The Texas Family Code states that the court retains jurisdiction if the motion for...
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