Get free answers to your Child Custody legal questions from lawyers in your area.
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
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 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
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
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
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
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
what are the options
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,... View More
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
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
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
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
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
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... View More
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
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
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
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
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... View More
She is the custodial I am the non custodial, she told me on a Wed night she was leaving the next day to SD on 06/29/23, I have tried getting her to tell me where they are at and address she is not telling me, if I call the police with interference w/child custody, what will happen to my son, will... View More
answered on Jul 17, 2023
It depends on whether your son's mom is currently entitled to possession of your son. She is entitled to take your son out of state on vacation without informing you where they are going. She is not usually entitled to relocate your son permanently outside of the geographic area designated... View More
answered on Jul 10, 2023
If your girlfriend hasn't physically received any papers, she may not have been served properly. A proper service typically involves the papers being delivered personally by a process server or constable, as you mentioned. In cases of alternative service approved by a court, they could be left... View More
My daughter currently visiting me (mom) for the summer in TX. She decided to stay with me and not go back to dad after summer in Maryland who has the primary custody. She will be turning 16 in November. She can decide where she can live but Dad completely disregarded her decision. He has been... View More
answered on Jul 9, 2023
The first step in this process would be to consider filing a modification of the existing custody order. Since the original order is from Maryland, you would typically need to file the modification there, unless the child has been in Texas for at least 6 months. In that case, you may be able to... View More
They never served me papers,it was published in a paper so I missed the court date and states I have supervised visitation at her discretion but never get anything. And the attorney I hired to give my mom temporary conservrtship represented my mom in this for some managing conservatorship.... View More
answered on Jul 5, 2023
You should contact an experienced attorney who practices family law in or near the county where the court is located that issued the order as soon as possible. Some of the possible legal avenues to address this matter have deadlines from the date the order was issued.
The attorney who... 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.
