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Texas Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Texas on
Q: how can i afford a lawyer to get custody of my girls
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What's the law about the lab certification requirements for drug testing in cps cases.

I found out that the lab that performed the oral testing in my cps wasn't certified to do them via the samhsa website.

T. Augustus Claus
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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.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I get primary custody if ex refuses to let me see 1 child and ESO for others? Not mature (Neglect) & alienation?

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

Elisa  Reiter
Elisa Reiter
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

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: Ex has custody in Washington state. I live in Texas. Daughter is 16. Extremely bad living situation. Wants to live w/me

Dad bans her from contact w/me. Horrible neglect and abuse. She's in chins petition with placement with a friend mine but placement is no longer going to work and chins is being dropped. She cannot go back to her dad's care. She wants to live with me in Texas. What is the fastest way to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Discourage your child from running away. There are civil and criminal penalties for kidnapping a child. In the given situation, where the daughter is currently in Washington state with her father and wants to live with you in Texas due to an extremely bad living situation, there are legal options... View More

2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Wow, many items to unravel here. First, if you are having difficulties communicating with your attorney, it may be time for a change. Before you change, email, and request a conference - either in person or via zoom. Use that session not only to catch up, but to establish strategy for your case... View More

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2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

I strongly urge you not to file any sort of grievance against the judge raising any of the issues you describe above. That is going to make you appear unhinged and could cripple any chance you have to get custody of your son.

Ex parte orders are, by their very nature, of very limited...
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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: My 14 year old grandaughter no longer wishes to live with her father and step mother due to being treated badly.

what are the options

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

Grandparent standing is a slippery slope after the Texas Supreme Court case of In Re CJC. You would have to show BOTH parents are unfit and that it would serve your granddaughter's best interests to come live with you. You should consult with an attorney about the facts specific to your case.... View More

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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: My 14 year old grandaughter no longer wishes to live with her father and step mother due to being treated badly.

what are the options

John Michael Frick
John Michael Frick
answered on Aug 1, 2023

1. Her mother can file for primary physical custody. This is the best option.

2. A relative can file for primary physical custody. This is the next best option.

3. She can report her mistreatment to Child Protective Services. If the mistreatment constitutes abuse or neglect,...
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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: My 14 year old grandaughter no longer wishes to live with her father and step mother due to being treated badly.

what are the options

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Based on the information provided, the grandparents' options may be limited due to the presumption that a parent acts in the best interest of their child

1. In the case of In re C.J.C., the Texas Supreme Court held that anyone who seeks to obtain custody of a child over a parent's...
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Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

Is Child Protective Services involved? Did a judge rule that someone else should have temporary custody? If CPS is involved, you likely will be asked to complete a Service Plan or Parenting Plan. That could involve submitting to a psychological evaluation, as well as counseling and parenting... View More

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Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

While the dates provided may be fodder for cross examination, any mistakes may not be deemed substantive by the trial court, presuming that a case has been filed. In terms of posting to social media -- you certainly have the first amendment right of freedom of expression. However, our courts are... View More

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Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2023

It could be lies or it could be simply a mistake in the dates. Your best strategy is to hire an attorney experienced in the area of family law in or near the county where you and your daughter were living when she was taken. Usually, when a child is taken into custody by the State, she would be... View More

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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps... View More

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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, gestational surrogacy is permitted under the Texas Family Code.

Here are the key provisions that you should be aware of:

1. Gestational Agreement: The gestational agreement must be in place and validated by a court before the birth.

This agreement outlines the...
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1 Answer | Asked in Family Law, Military Law and Child Custody for Texas on
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?

I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20

Days to answer

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected.

Servicemembers Civil Relief Act (SCRA): As...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What else should I do get my son back I been talking to district attorney's to court cps n they can't help me out
Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Given the complexity of family law cases, the details you've shared aren't sufficient for me to provide a comprehensive response. It's important to know why your son was removed, who has custody now, and what actions you've already taken. Please consult with a local attorney who... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What else should I do get my son back I been talking to district attorney's to court cps n they can't help me out
Elisa  Reiter
Elisa Reiter
answered on Aug 8, 2023

If you file an oath of indigency, showing that you cannot afford to hire a lawyer, and if one of the forms of relief requested by the state is termination of your parental rights, you can ask that the Court appoint an attorney to represent you. That court appointed attorney can assist you in... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My son doesn't want to go with his father. His father seems to not care, wont talk to him and just leaves. What do I do?

The past two times my son freaked out and didn't want to go with his dad when it was time. The first time I got him out of the car and presented him to his dad. My son ran back in the car and put his seat belt on begging me to leave and not let him take him. Dad came to my car and tried to get... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

I would suggest you try to change the time and place of your exchange of the child to the child's school or daycare or some other neutral site. For example, you would drop him off in the morning when school starts, and his father would pick him up in the afternoon when school recesses.... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?

My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Child Support Enforcement: If your ex-husband is not abiding by the child support agreement outlined in the divorce settlement, you can seek help from the Texas Attorney General’s Child Support Division. They have the authority to enforce child support orders and can use various methods to... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?

My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 25, 2023

If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.

If there is not a law against a child that...
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