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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How to properly file for a motion to enforce court order for my visitation rights

My ex has violated my visitation rights since may 4th with out a court order. I have had zero communication with my 6 yr old daughter or seen her. My ex has zero to do this because she has no court order saying she allowed. So I would like to find a probono lawyer to help me with this. I am not... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

It is unlikely you will locate a pro bono lawyer in an "Ask a Lawyer" forum such as this. There are a number of pro bono legal clinics located in the State of Texas. You can find more information at the following link:... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can a judge overturn another judge's decision document after it has been enforced for 4 years in a child's custody case?

Judge signed a Temporary Custody order in 2019 in favor of the father. Father being appointed the Sole Temporary managing Conservator. Mother states she did not receive document in time to respond. She was aware of this document for 4 years and she had Supervised visitation during that 4 years... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 3, 2023

When it comes to child custody orders, it's crucial to understand that the paramount consideration is always the best interest of the child. That said, here's some information that might be helpful:

In Texas, once a judge has issued a custody order, it can be quite difficult to...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Cps showed up after I had my nose broken in a domestic violence incident. Told me that I was not a perpetrator in the

Not a perpetrator in the case. Asked me to take a drug test which I failed....what are they going to do?

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

After a failed drug test, CPS may take a number of steps. These could include:

Developing a Safety Plan: CPS might create a plan with actions that you need to follow to ensure your child's safety. This could include things like drug treatment, counseling, or participation in other...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. I am separated and have 50 50 with my 9 year old daughter. The father is very controlling. He says that I need

His permission to take her places. For example, I want to take her to a museum for an exhibit that she will love, although he said no because it is too dangerous because it is in the city. He says that he can take her there and anywhere because he is a man and can protect her. Does he have the... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

Under Texas law, when parents have joint managing conservatorship (Texas's term for joint custody), both parents typically share the rights and duties of a parent. This means that unless otherwise specified by a court order, each parent has the right to make decisions about the child's... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Is it mother allowed to have a fake insurance plan that says limited benefit fixed indemnity plan and benefits are per

Covered person. this is not major medical insurance plan. fixed indemnity benefits are provided for hospital, confinement in specified medical and surgical events. These benefits are paid in daily amounts for covered events without regard to the cost of the services. This is not a medical policy.... View More

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

A fixed indemnity health insurance plan should be acceptable as long as there is minimum essential coverage in place through another policy.

Most current court orders which use various forms as guidelines do not specifically address fixed indemnity health insurance plans and do not...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: in the divorce decree, the dad is to cover the child for med ins + 1/2 of the med bills and does not, how to enforce it

In our divorce decree, the ex was to cover our son w/medical insurance. He did for maybe 2 years, then stopped. I asked for him to restart the coverage and he refused. How can I get this enforced?

John Michael Frick
John Michael Frick
answered on Jun 28, 2023

You can hire an attorney to file a motion to enforce with the court that issued the order. You might also consider getting insurance and asking the court to modify the support obligations to have the father reimburse you for the cost of the health insurance, which can be withheld like child... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My sons father talks bad about me to my son. It’s not healthy for my kid. What’s the best way to get supervised visits?

Is this reasonable cause to hold my son from his dad. He is currently on child support. We have a decree that we follow at the moment. His dads behavior is causing my son to act out. He’s confused about what he should believe. It unnecessary drama for my son that may traumatize him in the future.... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You need to consult an experienced attorney who practices in the area of family law in or near the county where you live with your son. In my experience, it is usually very difficult to get supervised visitation in the absence of clear evidence of repeated physical abuse or serious neglect of a... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If a mother's parental rights were terminated, via court order, can she appeal to get them back and in what time frame?

In May 2022, my husband and I petitioned and were granted managing conservator rights for our granddaughter. In the same order, our granddaughter's mother's rights were terminated. Our son, the father of the granddaughter, has possessory rights. Can the baby's mother petition to... View More

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

The mother has thirty days from the date of the final judgment terminating her parental rights to file either a motion for new trial or a notice of appeal. If the mother timely files a motion for new trial, the mother has ninety days from the date of the final judgment terminating her parental... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a situation where my child's father and I are separating. And now he won't watch his son while I am at work.

He says that he is not the "baby sitter" and won't watch his son while I am at work when he would watch him before. So he is basically using that to hurt me.

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

Not uncommon. Make appropriate child care arrangements that do not include him. Tell your divorce attorney as it may be used against him on issues like possession and child support.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Child Custody for Texas on
Q: If I this is Illegal what steps do I take to receive justice?

I lost custody of my then 10-year-old daughter, due to a cps case opened by a letter she wrote saying that I beat her. The case was ruled unable to determine, shortly after Iwas served with child modification papers by her father. Even though I agreed that she could live with him, she was removed... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2023

If she is telling you the truth now, you have a very strong case for what is sometimes colloquially called parental alienation.

On the other hand, if she is not telling you the truth now, your child may be dangerously manipulative (i.e. she might have lied on you originally and being lying...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: What are my first steps?

I lost custody of my then 10-year-old daughter, due to a cps case opened by a letter she wrote saying that I beat her. The case was ruled unable to determine, shortly after Iwas served with child modification papers by her father. Even though I agreed that she could live with him, she was removed... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

You have a lot going on. At this point you should hire an attorney if you wish to go any further with the case, or if you want to get custody. Most lawyers will tell you, that there are no guarantees in court. Y"ou can always file with the court to change the custody order or other details... View More

1 Answer | Asked in Child Custody for Texas on
Q: How do i get custody of my child that lives in another state, if im not on the birth certificate.
Robert Kane
Robert Kane
answered on Jun 18, 2023

Most likely, you will need to establish paternity in that state. Other facts may result in a different approach.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Please help me, I need help understanding my ex partners time with our daughter?

My ex partner has some visitation I am so confused on the times; the order says “until the obligor acquires this own apartment shall have the following initial rights to the possession of the child beginning 9.00 pm and ending 6.00 pm. On the first, third, and fifth Saturdays and Sundays of each... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

I agree that the order is poorly drafted. The parents should file a motion for clarification with the court.

Under the standard possession order, which this clearly isn’t, possession time would start when school recesses on Friday, or at 6:00 pm if the child is not in school, and end at...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Other than a Lawry, what is the best move to make, to get my boys home?

My husband left me and our two boys 6 years ago, he may show up every 6 months or every year to see them but that's it. 3 months ago, after being partially informed about a CPS case, he filed a protective order against me and took my boys from school without my knowledge. We went to the... View More

John Michael Frick
John Michael Frick
answered on Jun 15, 2023

Ordinarily a parent whose period of possession of a child is beginning has the obligation to show up on time at the place specified in the order setting forth the parent’s possession schedule, typically either the child’s school or the other parent’s home.

If you do not have a car,...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Does my ex-wife have possession of my son on my Friday possession during summer break? Confused on “Notwithstanding”

My weekends begin the 1st, 3rd & 5th Fridays of each month. I accidentally scheduled my two-weeks starting Saturday. The Friday before is the 5th Friday. I said I’d pick up “son” on Friday since it’s the 5th Friday. She said that Friday is now “overwritten” & I no longer have... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

Since your summer possession schedule does not follow the standard possession schedule, you should take the order/decree to a family law attorney so that the above quoted sections can be read in context of the possession schedule as a whole.

From the quoted sections, it sounds like your...
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1 Answer | Asked in Child Custody for Texas on
Q: Is anything we can do about this? To get full custody?
John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Your question doesn’t say what “this” is. But if you are a parent or other person with standing you can file an original SAPCR seeking full custody of your child.

1 Answer | Asked in Child Custody for Texas on
Q: Child custody

I need to get full custody of my son his dad is an alcoholic and has a felony for family assault and a dui and has been to rehab (forced) for alcohol and drugs I have texts supporting my son feeling unsafe while over there if I bring this up in court what if he says my bf smokes will they think... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 6, 2023

Retain a lawyer your bf can take a drug test prior to the court date.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: How do I go about getting a divorce and filing for full custody against my husband who is in prison for abusing me?

Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?

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

In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse...
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1 Answer | Asked in Child Custody and Probate for Texas on
Q: I Need help with probate and child custody. Daughter deceased had a business. I dont know what to do to settle all accts

Who can help with this as I have no money. Daughter was ill and no income .

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

If there is no money nor assets to administer, then why would you want to file Probate? That will generate claims. Child custody may be simple with Daughter/Mother deceased. Talk to TX attorneys, but you have not stated a reason for Probate.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Am I required to keep all of my children during visitation if I don’t have the means to?

I am unable to afford a space for all 4 children to sleep comfortably. I am asking for 2 children at a time, but my ex is adamant that I must take all 4 or none at all, in which case she is stating that I am forfeiting my time with them. The standard possession order does not specify that I am... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 28, 2023

Buy sleeping bags or put blankets on the floor. You don't need beds.

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