Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Child Custody Questions & Answers
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: the final order in suit to modify parent child relationship the section of the possession order the name is wrong

Does that bind the court order? Or must it be corrected

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It should be corrected. This may be require an order nunc pro tunc. The attorney who assisted you with the original order ought to be able to help you correct that fairly quickly.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: hello if someone put the wrong address for themselves on paperwork they filed against you what will happen in court
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

Notices to them likely will be sent to the wrong address they gave.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I have an Uncontested hearing for “Statement of Inability to Afford Payment of Court Costs”

I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.

If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: What are my Mom's rights when CPS took my kids from her?

I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Been raising my son since he was born.filed for support and mom picked him up after she got served

Mom has drinking problems and puts my son in danger. Police reports have been filed by me and also her family . She also drives under the influence while in possession of my son

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

You can request temporary orders in your SAPCR including being named temporary sole managing conservator of your son.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What am I to do when I file a protection order on behalf of my kids but mom still lives with whom I have the order

My wife told me her boyfriend hit her and our kids and threaten their lives on behalf of my kids I file a protection order against him. But she moved back in with him

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

As long as he obeys the protective order with respect to your kids, you likely cannot do anything except use that as evidence in your divorce. If he violates the protective order, you can file a motion to enforce the protective order.

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

View More Answers

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Hello I was accuse of felony 3 , and I am innocent the Harry's County I want to do a public trial because

They have done so much injustice in my case

18692040 Harry's county district

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

It's understandable that you're feeling frustrated and wronged by the accusations against you in Harris County. Being accused of a felony, especially when you believe you are innocent, is a serious matter and can be overwhelming. You have the right to a fair and public trial, and pursuing... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: how do I prove my rights and get my son back?

my sons father recently passed away. he had custody but we had maintained equal rights. now the grandparents are refusing to give me my son. What paperwork doi need to take with me along with the police, to go get my son?

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

You need a court order appointing you as managing conservator of your son.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Help I don't know what to do to protect son

Son came home 3 weeks ago I have photos with bruise. Son told me who did it I asked dad and that person. Person did say she rough played with him. My son don't want to be around this person (he is 9 yrs old) the lady is in her late 30s early 40s. Also his dad puts him in situations even when... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

You have done the right thing by addressing these matters with his father and the other person.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my ex-wife won't let me pick my son up for my parental time. She says I can only visit him in her home

Ex wife is refusing my parental time and won't let me leave to my house with him. Custody agreement states I get him from Friday to Sunday evening.

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

Pick him up and leave with him. Your ex-wife does not have the power to prevent it. She may not like it. She may yell and argue and stomp her foot. She may threaten to call the police or to take you to court. But she is powerless to prevent it.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I have grounds to try to get majority custody of my son and off child support.

I have 5050 custody of our son. I pay her 980 a month in child support. she was arrested 2x once in may for a bench warrant and then this weekend for a DWI with a minor in the vehicle. (her 4 month old, not my son) she was on the way to her friends house to pick him up. CPS has been open and will... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

It sounds like you have good grounds to request a modification under the facts stated in your question.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Hello! I am wondering if there is a way to sue a non custodial parent for back child support?

My NCP has been working under the table for a year, and has not been submitting child support payments, nor been in contact with me. I do know where he is working, however the owner of the company is also his friend, and is most likely paying him in cash or personal checks.

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes. If your NCP has been ordered to pay child support, you can file an action with the OAG to enforce his child support obligation.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

John Michael Frick
John Michael Frick
answered on May 1, 2024

If the court truly lack jurisdiction and you timely complained but the court denied your request for relief, you should timely file an appeal from its ruling.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I moved after receiving a threat a year ago, I’m now a 6 month resident.

I moved to Texas within 6 months ago, the father wasn’t really in the picture and I didn’t bother telling him due to him saying he’s not his. I didn’t bother of informing him of anything. Now he’s trying to come back in the picture. We’re married and live in two different states. I did... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2024

Under the Uniform Child Custody Jurisdiction Act and the Uniform Interstate Family Support Act, if the child has established his/her domicile and residence in Texas for six months, you should be able to initiate proceedings for child support and custody against the father if he lives in the United... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Why do I have to pay back child support if I was taking care of my son WHILE LIVING with my ex and paying him rent?

He got custody because he lied and 3 weeks after the divorce decree was signed he invited me to move back in with him and be 24/7 mommy. He was abusive and I left. We had a big fight and he went after back child support. My attorney was lazy and ended up screwing up my case and didn't want to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 29, 2024

You should of went to the AG office when you moved back in the house. If you already paid the child support your case is moot. If you owe arrearage go to the AG and request a hearing to confirm the arrearage

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.