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Texas Child Custody Questions & Answers
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

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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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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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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1 Answer | Asked in Child Custody for Texas on
Q: The NC parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a motion to modify with the court. Most likely the best solution under your circumstances is to modify both the possession schedule and the amount of child support in an attempt to get more child support to pay someone to watch your kids during "his weekends" so you can... View More

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Why didn't I recieve my divorce court date letter in the mail or through any other way such as via e mail?

I was able to get served with the divorce papers at my parents house, but I wasn't able to recieve a letter stating my divorce court date?

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

The letter stating your court date should have been sent to the address in your written answer that you filed with the court. If you did not file a written answer with the court, you waived your right to notice of your court date.

1 Answer | Asked in Child Custody for Texas on
Q: My lawyer withheld information to get me to agree to something before a judge. Is that legal?

I’m in a child custody case for my two year old. I asked her father get supervised visits if he failed a hair analysis for meth- given I provide one also. He told me the day after court he openly admitted to not being able to pass one. Now he is getting EXTENDED standard custody and I am... View More

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

A lawyer has a fiduciary duty of full disclosure to his client. The failure to disclose material information would be a breach of that duty. But there is a question what information he withheld and whether the withholding of that information caused you any damages.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I go live with my dad if I am 16 years old but my mom doesn't want to let me go live with him?

I am originally from Honduras, I lived with my mother until I was 7 years old, she came to the United States and left me living with my grandmother, 2 years later my grandmother died and I went to live with my father but that was only for a year because my mother did not want me to live with him,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 12, 2024

If there is a court order you have to live where we the order states. If no court order you can l

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: JMC custody agreement, I'm the CP. The NCP has been homeless for 6 mo. Is this grounds to remove my living restriction?

We have a joint-managing custody agreement, where I'm the custodial parent. The other parent has been homeless the last 6 months. Would their circumstances help me to modify or remove my geographical restriction?

Edit: My geographical restriction is within a certain amount of miles... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

I don't see a connection between the non-custodial parent being homeless and the geographical restriction.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I would like to know what a judge can to do if my ex-husband has gone against court order and withheld my daughter.

I have custody he has withheld her for 80 days

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You need to get a lawyer and file a writ, If you do not do something fast he will argue that you voluntary let hm have the child.

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