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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a 3 year old son whose biological father is not on his birth certificate.

Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is it ok for them to never fill out cps paperwork I have had blank paperwork for over a year
James L. Arrasmith
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answered on Jan 10, 2024

In dealing with Child Protective Services (CPS) in Texas, timely and accurate documentation is crucial, especially in matters as sensitive as child custody. If you have been given blank paperwork from CPS for over a year, this is not a standard procedure and may indicate an oversight or delay that... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Can my girlfriend's mother sue for grandparents rights in Texas if she lives in Oklahoma

She's been harassing and making false accusations for one year

James L. Arrasmith
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answered on Jan 1, 2024

In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.

My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or... View More

James L. Arrasmith
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answered on Dec 31, 2023

In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights.

She should...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

2 Answers | Asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas on
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the... View More

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2 Answers | Asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas on
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More

James L. Arrasmith
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answered on Jan 13, 2024

The biological father's lack of paternity establishment and absence from the birth certificate may impact his legal rights. However, the specific legal actions you can take can vary depending on your state's laws and the circumstances of your case.

Regarding the incident at the...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have full custody of my 8 year old her granny will not let me talk to her or see her
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

In the absence of a court order, a grandparent does not have the legal right to prevent a parent with full custody from talking to or seeing a child. If the grandparent is wrongfully detaining the child, you can file an application for writ of habeas corpus requiring the parent to produce the... View More

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Texas on
Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?

Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this... View More

James L. Arrasmith
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answered on Dec 16, 2023

In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What do I need to file along with Respondents original answerMotion to compel mediation

Is there some type of respondents counter offer type form

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

You can file a simple Motion to Compel Mediation.

In most counties throughout Texas, family law courts will enter a mediation order sua sponte without a specific request from either party because mediation is proven to be a very effective way to resolve family law disputes.

I...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex-husband take my kids to the bahamas without my permission and without a passport? Its a closed circuit cruise.

We share custody. My daughter is 11, has a sensitive stomach and will be placed in a room without an adult on the cruise. I'm afraid that she will get sick on the boat and is also expected to share a room with two young boys without an adult present. My concern is for her safety and well... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2023

Typically, a divorced parent can take his/her children on vacation during his/her respective time of possession without the necessity of securing permission from the other parent.

If there is a genuine reason to believe that a parent may abscond to another country with the children, a...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.

Or you can admit / claim paternity, and intervene for custody of the child.

Or you can...
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