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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Cps wants to Terminate my right but I refuse to give them up. What is the next step!They have my kids n are place Family

What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can a court order prevent me from bringing someone with me, who I am dating, to my children's activities?

Never has there been any sort of incident where someone accompanying me has caused a scene or issue. The only issue would be my ex wife being pissed off, and her attorney having too cozy of a relationship with the judge. This "issue" was never previously discussed in any litigation. This... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Yes, a court order can theoretically do that. Since you mention a "decision letter," that suggests you had a contested custody battle with your ex-wife. It would be surprising in post-divorce custody litigation for such an order to be made without a very good reason established by the... View More

1 Answer | Asked in Family Law and Divorce for Texas on
Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I... View More

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

It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
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answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
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answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: I live with my step-parents I'm 16 i work and pay for my own stuff

So I got grounded and my step parents took my vr and my phone that i paid for myself . Also they take my paycheck and put it in there bank account and only gives me $100 dollars out of each paycheck which i think is ridiculous cause I worked hard for that money what can I do....about that can I... View More

John Cucci Jr.
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answered on Sep 22, 2024

The status of step-parents has different meanings for different people and forums.

A legal step-parent, is a parent because the parent figure has ADOPTED the step-child. This creates the legal status of the child as if s/he was the natural-born child of the step-parent. Thus, that parent...
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1 Answer | Asked in Child Support, Family Law and Real Estate Law for Texas on
Q: I have a child support lien attached to my homestead property in Texas. How do I get it removed?

I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More

James Clifton
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James Clifton
answered on Sep 18, 2024

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Custody of child is 50/50, can I have him put on 72 hour hold during my time without biodad being able to pull him out?

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More

Gratia "Grace" P. Schoemakers
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Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

John Michael Frick
John Michael Frick
answered on Sep 12, 2024

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More

1 Answer | Asked in Family Law for Texas on
Q: how to file a motion to my kids father

please guide me and looking for pro bono lawyer to guide in this motion

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

You should contact a legal aid clinic near you. Lawyers most often volunteer to provide pro bono services to indigent parties through legal aid clinics. Few do so independently because legal aid clinics have administrative staff to screen potential clients, to match them with suitable competent... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

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

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

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

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

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

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

1 Answer | Asked in Family Law for Texas on
Q: How do I start from the beginning when half way through a case. Been lies and had no legal help

I have a lawyer that is supposed be defending me which I was giving to by the judge!! My case I have is with CPS and from the first day of court I told my lawyer how the Caseworker lied in her statement about a removal of my kids. She wrote a whole different reason and not mentioned one thing that... View More

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

At any time for any reason a client can terminate the services of their own attorney. If the attorney was appointed by the court, you are not entitled to a second court-appointed attorney, but are free to hire a different lawyer of your own choosing or to represent yourself.

1 Answer | Asked in Family Law and Divorce for Texas on
Q: my husband married another woman in another country would this invalidate the marriage and be considered bigamy?

my husband went to another country and married woman. I have proof of the ceremony. we were married in 2012 and he was remarried in 2023.

Brendin Miguez
Brendin Miguez
answered on Aug 16, 2024

Under Texas law, if your husband marries another woman while still being married to you, this is considered bigamy. Bigamy is illegal in Texas and constitutes a criminal offense under the Texas Penal Code § 25.01.

To answer your specific question:

Bigamy: If your husband is legally...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ex breaking contract from mediation and hiding with my son, what can I do to enforce contract or get custody of my son?

Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.

I strongly recommend that you make sure your child support payment history is accurate and shows that you have been...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What are my options for a divorce?

My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I really need a lawyer to review the divorce paperwork my husband dropped off before signing. How much does it cost?

We don't have assets just children. I just want to make sure I know what I'm signing. Also, he is asking for joint custody and I would prefer sole custody with visitation.

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Some attorneys will review the paperwork for an hourly fee. However, that would only be worth it if you agreed to the terms. If you do not agree to the terms, you would have to take your case before a judge to decide. That will cost substantially more money.

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