Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More

In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.

You... View More

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This... View More

Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.

An "interference" charge can only be pursued if a conservator takes or... View More

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military... View More

A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.

If you are still married to your husband and your husband is the... View More

Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.

A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child.... View More

A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More

A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

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.

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... View More

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.

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... View More

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