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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.
answered on Aug 24, 2023
I agree with Ms. O'Neal but would add that you should limit your requests or questions to brief, relevant communications involving the case.
I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023
I would suggest putting your request or questions into writing and sending either e-mail or certified mail.
I filed a petition last yr for custody mom didn't show up oag intervened and I have filed a tro awaiting court on the 1st but no court orders are set
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023
That may depend on what County the case is filed in. Most counties in Texas have standing orders that apply to all family law cases and those standing orders may prevent you leaving the county with the child the subject of the suit.
I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023
I would add that if the child is 12 years of age or older the court now has no choice but to interview with the child in chambers. The only time you should object is if the child is under 12.
I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.
answered on Aug 22, 2023
Regarding child interviews in Texas, the Texas Family Code has specific sections that address your concerns:
When Can a Child Be Interviewed?: Per the Texas Family Code §153.009(a), the court can choose to interview a child in chambers to find out the child's wishes concerning who... View More
I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.
answered on Aug 22, 2023
A motion to confer with child is a request to the court to interview the child in chambers to determine the child’s wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. This motion can be filed by a party, the amicus attorney, or the attorney ad... View More
My ex-husband and father of my 14 year old and I share joint managing conservatorship of our daughter with me being the primary parent. She lives with me and he has visitation whenever we agree or per our standard possession order. In the last year there have been a couple incidents that have... View More
answered on Aug 17, 2023
Frankly, some judges remain sticklers about not condoning marijuana use. Others don't care. Here is a link to pertinent law on prosecution for possession. https://texas.public.law/statutes/tex._health_and_safety_code_section_481.121
You can try to file a motion to modify, with a... View More
My ex-husband and father of my 14 year old and I share joint managing conservatorship of our daughter with me being the primary parent. She lives with me and he has visitation whenever we agree or per our standard possession order. In the last year there have been a couple incidents that have... View More
answered on Aug 17, 2023
Retain an Attorney: Given the seriousness of the situation, it would be wise to retain a family law attorney who can advise you on the specifics of your case. They can guide you on the potential legal avenues available to you.
Document Everything: Begin keeping a detailed record of events,... View More
father is paying child support and now wants to stop child support payments. My son want to move in with his girlfriend and parents. What legal rights do I and my son have, I want him to continue living with me until he finishes High School. Please I need legal help. Is their some type of... View More
answered on Aug 17, 2023
If Father is court ordered to pay child support, he continues to pay child support until your son reaches age 18 or graduates (or is no longer attending) high school, whichever occurs later.
With your son being 17 years old, there is not a real need to get in family court to get counseling.... View More
My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued... View More
answered on Aug 17, 2023
Your domestic partner is presumably represented by counsel, as is the child's mother.
You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case.
You should count on a "woodshedding" session with your... View More
the motion for a retrial was granted in my custody case, taking me from 50/50 with my child back to once a month per the old order. It is extremely high conflict.
I am extremely worried about my children’s emotional well-being and physical well-being. It is being re tried because I... View More
answered on Aug 15, 2023
Are you presently represented by counsel? Has there been any counseling in regard to parental alienation or reunification therapy? Please realize that if a person fails to exercise access to which they are entitled, that can be taken into consideration in a modification proceeding. It is unclear... View More
the motion for a retrial was granted in my custody case, taking me from 50/50 with my child back to once a month per the old order. It is extremely high conflict.
I am extremely worried about my children’s emotional well-being and physical well-being. It is being re tried because I... View More
answered on Aug 15, 2023
In Texas, family law matters such as child custody are guided by the principle of the "best interest of the child."
Temporary Orders: Temporary orders are designed to provide a short-term solution to immediate issues while a case is pending. Either party can request a hearing for... View More
Ex wife filed an Ex Parte Order against my husband. It was signed July 24th. It is now 21 days since it was signed. The order states that it is only in place for 20 days or unless the judge terminates it. Judge has yet to make any moves on our case. Since the 20 days is up, can I legally go get my... View More
answered on Aug 14, 2023
Based on the Texas Family Code:
Duration of an Ex Parte Order: In Texas, an ex parte protective order lasts for a maximum of 20 days unless a hearing is scheduled within that period. If a hearing is scheduled, the order can be extended to the hearing date.
Terms of the Order: Always... View More
answered on Aug 14, 2023
The information provided here is general advice. If parental rights have been terminated, different legal standards and procedures apply. Additionally, if there are allegations of abuse or neglect, the approach and factors the court considers can differ. Always consult with a licensed attorney in... View More
My case has been closed for a year but the cos worker didn't bother to pick up my son at my sister's n bring him to me or even called me to pick him at the office nothing at all so now I'm trying to get him back cuz my sister doesn't want to give him back to me i had called to... View More
answered on Aug 11, 2023
There may be an information gap here. If there was a pending CPS case, it is possible that a judgment was entered by default. Check with the District Clerk's office where the case was pending, and see if you can obtain a copy of the final order. If your sister was named a conservator of the... View More
answered on Aug 11, 2023
Ascertain if there are pro bono services in Kaufman County. It's unclear if you've been married, are divorce, or seek a post divorce modification of conservatorship.
Custody cases are not easy matters to resolve. Keep the best interests of your girls first and foremost.
Good luck to you.
answered on Aug 10, 2023
In current times, many lawyers accept payment by any major credit card. While most prefer electronic payment from your account, you can probably find a lawyer practicing in the area of family law who is willing to accept payments by credit card.
For financial planning purposes, try to get... View More
I found out that the lab that performed the oral testing in my cps wasn't certified to do them via the samhsa website.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023
In Texas and many other jurisdictions, evidence in Child Protective Services (CPS) cases, including drug testing results, must meet certain standards of reliability and admissibility. This often includes ensuring that the testing procedures and labs used are accredited and meet specific standards.
Extended standard order in county over for Previous kids (twins 2yr) who are only 1yr older. I use to watch all the children while ex worked, yes including the one I’m being kept from from birth until 7 months (when we separated) Now won’t let me keep them while working instead let’s friend... View More
answered on Aug 8, 2023
As someone who is double Board Certified in Family Law and Child Welfare Law by the Texas Board of Legal Specialization, I want to explain that I cannot provide any guarantees regarding the outcome of your case. The Texas Family Code governs family law matters in the state, and it is important to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
