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Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2023

If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

Melissa O'Neal
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answered on Oct 23, 2023

If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Family Law for Texas on
Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Texas on
Q: Weekend Possession Extended by a Holiday during the School term. What is Thursday time?

The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard

Possession Order, if a weekend period of possession by (the father)

begins on a student holiday or a teacher in-service day that falls on a Friday during

the regular school... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Can the designated competent adult in a divorce pick the children up from school if not on the official school list?

The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

No, the school will not allow anyone not on the school access list to pick up a child from school.

You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list....
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2 Answers | Asked in Child Custody and Immigration Law for Texas on
Q: Can an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
James L. Arrasmith
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answered on Oct 22, 2023

A prior custody agreement does not automatically become invalid due to a parent's deportation or illegal reentry. However, if the individual is discovered to have returned to the U.S. illegally, they could face legal consequences related to immigration, which could indirectly impact the... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: an an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
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answered on Sep 29, 2023

Custody arrangements are generally determined by the best interests of the child. However, illegal re-entry can be a criminal offense that might impact a court's decision on custody. The original custody agreement would not automatically reinstate without a court order.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My son’s mother has been incarcerated since December 2022. I want to file for custody but I don’t know where to start.

My child’s mother was arrested on some very serious charges even put my child’s life in danger.

Melissa O'Neal
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answered on Sep 18, 2023

I would advise where you start depends on what your relationship has been. As the father you should have a priority right to possession. But if you have not has a relationship or supported your child that can create some grey area. If you have had regular contact with your child, you should file... View More

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can the counter party in a child custody case request that I cannot use money from my parents to help pay for a lawyer?
T. Augustus Claus
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answered on Sep 5, 2023

In a child custody case, the counterparty can request various things as part of the legal proceedings, including financial matters related to legal representation. They may raise concerns or objections about the source of your legal funds, such as money from your parents. However, whether their... View More

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do you have to have custody agreement if you are currently only separated?

My husband is having an affair, we are separated. We have a 19th month old daughter and son on the way. I am trying to see what we need to for custody until we can officially get divorced or figure things out

Kristina L. Combs
Kristina L. Combs
answered on Sep 5, 2023

Texas does not recognize what other states refer to as legal separation. It’s important to file for a divorce to get temporary orders regarding custody and assets/debt while you are separated pending a divorce. If things work out then you can always nonsuit the divorce. However, without court... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

Elisa  Reiter
Elisa Reiter
answered on Sep 7, 2023

I encourage parents to do their utmost to put their children first. Part of that process is for parents to confer with frequency about what is going on in their children's lives. Note - I have a bias here, as my 17 year old son is a second-degree black belt in Tae Kwon Do. The exercise,... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

Melissa O'Neal
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answered on Sep 1, 2023

Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: is there some law or right thats says this is wrong

im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 31, 2023

Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth... View More

4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Need help understanding a court order.

IT IS ORDERED that the conservators shall have possession of the child at times

mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

Mutual Agreement Takes Precedence: The court order begins by stating that if both conservators can agree on when each of them will have possession of the child, then that mutual agreement will take precedence. This means they can decide on any schedule that suits them both, regardless of what the... View More

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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Need help understanding a court order.

IT IS ORDERED that the conservators shall have possession of the child at times

mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified... View More

T. Augustus Claus
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answered on Aug 28, 2023

It seems like the court order is establishing the terms of possession (visitation) of a child between the parents (referred to as "conservators") when they live within 100 miles of each other. Here's a breakdown of the sections:

1. The conservators are required to agree on...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late

the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

Given the gravity of your situation, it's essential to first emphasize a critical point: If the children and the temporary guardianship proceedings are in Texas, you should immediately consult with and retain a family law attorney in Texas. If the proceedings or the children are in a different... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My niece's dad has full custody of her. He hardly lets my side of the family see her. Legally, can he do that?

My niece is currently living with her dad. He has full custody of her. Her mother (my sister) is currently serving time in prison. For the last few months (since January 2023), he has made an effort to not let me see my niece. it has been months since she has seen my side of the family. Though my... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 25, 2023

Legally he controls who sees his daughter. If anyone on the mother's side of the family wants visitation, they can take the father to court. But other than that no, he doesn't have to allow anyone to see his child if he doesn't want too, without a court order, forcing him to do so.

3 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Adopting my cousin, questions on what to do.

Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go... View More

Kristina L. Combs
Kristina L. Combs
answered on Sep 5, 2023

The child would need to live with you for 6 months in Texas before you can adopt her in Texas. The first step is to get her living with you. The parents would need to sign a power of attorney granting you guardianship over here in order for her to live with you and for you to be able to enroll her... View More

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3 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Adopting my cousin, questions on what to do.

Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go... View More

Melissa O'Neal
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answered on Aug 24, 2023

Before anything could be filed in Texas the child would have to be her for a minimum of 6 months. If everyone is in agreement, I would suggest start with getting a power of attorney for parental rights to get her to Texas. With the POA you could take care of getting her in school and medical, but... View More

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2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

Melissa O'Neal
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answered on Aug 24, 2023

I would suggest putting your request or questions into writing and sending either e-mail or certified mail.

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