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: How do I adopt my sister's child ? What is the process in texas ?

My sister can't care for her newborn child so we took over and have been caring for him since his birth. We would like to adopt him, my sister is okay with it. We just need more info on how we can do this or what's the process.

Kristina L. Combs
Kristina L. Combs
answered on Feb 24, 2024

You can do a private adoption and she can voluntarily relinquish her parental rights. You should get an experienced adoption attorney. The adoption process can be complex and you don’t want to miss any steps.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: I have a temporary court order from 2014 I would like to close it to be able to receive child support.

Temp order for custody/child support arrangement. 7 Days with mom then 7 days with dad we were supposed to go back to court to finalize everything. The mother did her 7 days on and off for about 2 to 3 months she was never consistently keeping the child when it was her 7 days there was always an... View More

John Michael Frick
John Michael Frick
answered on Feb 9, 2024

Given the facts you describe that this case has been hanging around with only temporary orders for more than ten years--which is very unusual--$2600 sounds extremely reasonable. I recommend you take that deal.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Do I have to send anything?

Child’s father hasn’t been in the picture for a year now, and now is asking for pictures of “his son” but, around his birthday said he’s not his problem. Do I have send any pictures of him to him.

I plan on divorcing just saving up.

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

You are not legally required to send the child's father pictures of the child.

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Covid locked me in with my abuser just after I involved the law. I feel horrifically failed and broken. What can I do?

Ten years of being terrorized, i tried to leave before, he uses coercion, death threats, our child, and display of his wrath to keep me in his box. I decide I'll take my chances because ill die if i stay, press charges for felony assault, covid locks us down. He's 1000x worse because I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In your situation, where you have faced prolonged domestic abuse and manipulation, it's crucial to seek immediate legal and protective assistance. Your safety and the safety of your child are of utmost importance.

Given the complexity of your case, involving domestic violence,...
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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

This is a tough one to answer because we do not have enough information. When did this move from Bear County, Texas to Georgia occur? That will determine which state has jurisdiction over the child to decide a custody case.

We also do not have a copy of the grandparent's petition. Did...
View More

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Texas on
Q: I’m a survivor of dv (domestic violence) and I moved out of state to tx after finding out he came to the same state.
Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Dec 13, 2023

You need to consult a family law attorney to determine the county you need to file, and whether you qualify for some type of protective order. You need to live in Texas at least 6 months to file the suit regarding your child.

1 Answer | Asked in Child Custody for Texas on
Q: Emergency temporary child custody order & petition to modify child custody How to submit answer

What Motion or affidavit do I file for respondents answer with a mediation plan request

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

You should file a "Respondent's Original Answer" and a "Motion to Compel Mediation."

1 Answer | Asked in Child Custody, Contracts and Divorce for Texas on
Q: Can my ex-husband demand a divorce in a child custody contract mediation? I remarried after 11 years divorced Feb. 2023.

Two children, 15 years and 13 years old.

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

Your ex-husband can "demand" whatever he wants. Remember that a "demand" is simply want he wants. You are under no obligation to agree to anything in mediation. You can say "no."

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More

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

Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.

Or you can admit / claim paternity, and intervene for custody of the child.

Or you can...
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2023

If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Family Law for Texas on
Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... 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 22, 2023

I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More

1 Answer | Asked in Child Custody and Juvenile Law for Texas on
Q: Can I get emancipated with no job at 15?

im 15 almost 16 and i live with my grandmother whos disabled and not my legal guardian my parents are drug addicts and i dont know where they are usually, i wish to live by my self but cant because i havent been enrolled in school for several years and havent been to the doctors in a long time... View More

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

Contact Child Protective Services in your area. Good luck.

1 Answer | Asked in Divorce, Child Custody and Family Law for Texas on
Q: Weekend Possession Extended by a Holiday during the School term. What is Thursday time?

The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard

Possession Order, if a weekend period of possession by (the father)

begins on a student holiday or a teacher in-service day that falls on a Friday during

the regular school... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Can the designated competent adult in a divorce pick the children up from school if not on the official school list?

The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

No, the school will not allow anyone not on the school access list to pick up a child from school.

You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list....
View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If our daughter abandoned her baby for three years can she just show up out of nowhere and take her back

We recently started a custody case but our lawyer hasn't done too much and now our daughter is threatening to come pick her up and I'm worried because the now toddler has special needs and doesn't know her mother.

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

Absent a court order prohibiting her from doing so, yes she can show up and take the baby.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: an an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Custody arrangements are generally determined by the best interests of the child. However, illegal re-entry can be a criminal offense that might impact a court's decision on custody. The original custody agreement would not automatically reinstate without a court order.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex went on a surprise vacation with her lover, I was told I could not keep him while she is gone. Is that right?

My ex informed me on a Tuesday that she was going to go to Galveston for a week to spend time with the female half of the couple she is in a polyamorous relationship with. I said I would keep our son for the week (he is 13). She said “No” and that I could not have him for that week because I... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2023

That would depend on what your order states. Some orders have provisions for that but it is not general language if it was not something that you fought for or requested during the creation of the order.

1 Answer | Asked in Child Custody for Texas on
Q: If there is no custody agreement and my children do not want to go to the other parents house. Do I have to make them?
John Michael Frick
John Michael Frick
answered on Sep 25, 2023

If there is no custody order in place, no.

But cutting a parent’s time with their child off usually leads to a custody order dictating a specific possession time for that parent.

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.