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Texas Family Law Questions & Answers
2 Answers | Asked in Child Support, Civil Litigation and Family Law for Texas on
Q: Can I sue the Texas child support office for improper garnishment?

I'm considering legal action against the child support office in Texas for garnishing payments from the non-custodial parent while the custodial parent was imprisoned, unbeknownst to me. I was not made aware of the custodial parent's imprisonment. I have documentation showing the child... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2025

I agree with Mr. Arrasmith.

I would add that the facts do not support a claim for wrongful garnishment. From the general content of your question, I infer that you were court-ordered to make child support payments with a wage withholding order to the State Child Support Disbursement...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Can my husband claim a house bought with inheritance money during divorce?

I have been married for seven months and plan to file for divorce next week. I've received an inheritance after our marriage, which is documented as separate property and is kept in a separate account under my unmarried name. If I use my inheritance money to buy a house solely under my name,... View More

Steven Buitron
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answered on Nov 6, 2025

No, in Texas, your husband generally cannot claim a house bought with inheritance money during

divorce—as long as that money was clearly documented as your separate property, kept in a

A separate account, used solely for the purchase, and the house is titled only in your name....
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2 Answers | Asked in Family Law, Civil Litigation and Real Estate Law for Texas on
Q: What legal remedies exist if I'm forced out of a joint home after separation?

My partner purchased a home for "us" last October. Prior to moving in, we opened a joint account where both our paychecks were deposited, and used this account to pay the mortgage, utility bills, and other household expenses. Only his name is on the deed, and he paid the down payment.... View More

John Michael Frick
John Michael Frick
answered on Nov 5, 2025

According to your post, it isn't a joint home. It's your partner's home. His name is on the deed, he paid the down payment, and you weren't married.

When unmarried couples cohabitate in a home owned by one of the two, the other typically pays "rent" equal...
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2 Answers | Asked in Civil Litigation, Family Law, Estate Planning and Probate for Texas on
Q: Is it legal for a child to sign over their inheritance due to misleading information?

Is it legal for someone to lie to a child and have them sign over their inheritance at the age of 9? I was in an apartment in North Carolina when my mother asked me to sign a paper regarding land in Jefferson, Texas. She told me that the land wasn't worth much and other misleading information.... View More

John Michael Frick
John Michael Frick
answered on Nov 4, 2025

As soon as you turn 18 years of age, you should immediately file a lawsuit rescinding whatever paper you signed on the ground that you were not of the age of majority when you signed it. Alternatively, a parent or legal guardian can file such a lawsuit now even though you are under 18 years of... View More

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2 Answers | Asked in Family Law for Texas on
Q: How to fix possession language in conservatorship modification in Texas?

I'm involved in a family law case in Texas, seeking a modification to become the sole managing conservator. The judge stated that my modification request "fails to contain language regarding possession." I'm not sure what specifically needs to be addressed and how to amend this... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2025

Mr. Arrasmith is correct. What you need to plead depends upon the particular facts and circumstances of your case.

Normally, a custody modification is not a do-it-yourself project. It's legally allowed. It's certainly easier if it is unopposed. But it can be very difficult...
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3 Answers | Asked in Child Custody, Family Law, Wrongful Death and Personal Injury for Texas on
Q: Do I get full custody if my ex-wife passed away?

My ex-wife recently passed away in a car accident. We have a 12-year-old child who lived with her. Our divorce decree granted us 50/50 custody. Do I, as the surviving parent, have the right to take him as the full custodial parent, or can my ex-wife's family seek custody? No steps have been... View More

Aimée  Robert
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answered on Nov 5, 2025

Under Texas law, as the surviving parent, you are generally presumed to be the most appropriate person to have custody of your child. This presumption applies even if the child primarily lived with the other parent after divorce, unless there are extraordinary circumstances such as abuse, neglect,... View More

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2 Answers | Asked in Contracts, Business Law and Family Law for Texas on
Q: Is a German postmarital agreement enforceable in Texas and how does it differ from a prenup?

I am German, and my fiancé is a U.S. citizen. We plan to marry in Texas in March. We want a prenuptial agreement, but due to constraints, we are considering a postmarital agreement in Germany soon after marriage, involving separate lawyers, translators, and a public notary. Will this postmarital... View More

John Michael Frick
John Michael Frick
answered on Oct 30, 2025

Texas has very specific statutory requirements for the enforceability of both prenuptial (i.e. premarital) agreements and for partition and exchange agreements after marriage (i.e. postmarital agreements). As long as you comply with those statutory requirements, your proposed agreements will... View More

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2 Answers | Asked in Child Support, Civil Litigation, Appeals / Appellate Law and Family Law for Texas on
Q: Received letter about child support default without any court date details, what should I do in Texas?

I recently received a letter from my son's other parent in Texas stating that I have to pay child support, but the letter claims I did not appear in court and made total default. However, I was served with documents that did not specify a court date, and I did not receive any further... View More

John Michael Frick
John Michael Frick
answered on Oct 30, 2025

When you are served with a lawsuit, including a suit to enforce an unpaid child support obligation, you normally have until the first Monday after the expiration of 20 days from the date you were served to file a written answer to the lawsuit in the court.

If you do not file a written...
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2 Answers | Asked in Divorce, Civil Litigation, Contracts and Family Law for Texas on
Q: How to get title transferred in TX after FL divorce award?

I was awarded a car as part of my divorce settlement in Florida. However, after the court's decision, my ex-husband fraudulently signed the title over to a friend, who now has the car registered under his name. I have Florida plates and need help understanding how I can get the title... View More

John Michael Frick
John Michael Frick
answered on Oct 28, 2025

You need to contact the attorney who represented you in your divorce settlement. Typically, if one spouse is awarded a motor vehicle that is titled in the other spouse's name, the titled spouse is ordered in the divorce decree to sign a power of attorney to transfer motor vehicle title giving... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Seeking pro bono family law help in Georgetown, TX for two Williamson County custody and support cases.

Both cases involve a history of domestic violence directed toward me by the fathers. I have active court filings for modification and enforcement of child support and need an attorney who can represent me in court and help ensure my safety and the children’s best interests.

John Michael Frick
John Michael Frick
answered on Oct 28, 2025

Volunteer Legal Services of Central Texas provides legal aid to indigent litigants in Central Texas including Williamson County. https://www.vlsoct.org/

Its staff will conduct the necessary intake and financial screening to ensure you quality for pro bono legal assistance, and then will...
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2 Answers | Asked in Child Custody, Civil Rights, Gov & Administrative Law and Family Law for Texas on
Q: What to do if falsely informed a stranger has parental rights?

If a police officer is filing a report for interference with a parent/child relationship or custody at the request of a mother due to the same county's failure to address her missing child report five days earlier (claims that CPS had taken her child were immediately found to be false), what... View More

John Michael Frick
John Michael Frick
answered on Oct 28, 2025

Under the Texas Family Code, a parent can file an application for writ of habeas corpus in a court with jurisdiction over family law matters to secure physical possession of their child from a non-parent unless the non-parent has a court order giving them possession and custody of the child.... View More

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2 Answers | Asked in Child Custody, Domestic Violence, Gov & Administrative Law and Family Law for Texas on
Q: Custodial parent concerned about visitation after child's mother commits assault.

My son is the custodial parent of our three boys. Recently, during a weekend with their mom, she choked her 11-year-old brother until he passed out, resulting in a busted lip and stitches, all witnessed by my sons. A police report was filed, and CPS is now involved. Her visitation rights are for... View More

John Michael Frick
John Michael Frick
answered on Oct 27, 2025

He needs to file a motion to modify mom's visitation ASAP. Until there is a new court order, he is legally obligated to obey the existing court order. Failing to file a motion to modify asking for further restrictions on mom's possession could lead to him also being investigated by CPS... View More

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2 Answers | Asked in Arbitration / Mediation Law and Family Law for Texas on
Q: What can I say during mediation for child relationship modification in Texas?

I am going to mediation in Dallas County, Texas, for a modification of a parent-child relationship. What am I allowed to say to the mediator during this process? Also, could you please outline three rules governing mediation that I should be aware of?

John Michael Frick
John Michael Frick
answered on Oct 27, 2025

You can legally say almost anything you want to the mediator. The process is almost 100% confidential. The exceptions are child abuse and the intent to commit a crime (coupled with the apparent ability to do so). For example, don't say: "If I don't get what I want, I'm going... View More

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2 Answers | Asked in Appeals / Appellate Law, Divorce and Family Law for Texas on
Q: Right to request findings after filing a pro se appeal in Texas.

I filed a pro se appeal on September 12th and requested findings of fact and conclusions of law on September 15th in a family law divorce case with no children in Galveston County Trial Court 2. A month later, I was verbally informed that I would not receive these findings. Previously, I was... View More

Niles S. Illich
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answered on Oct 14, 2025

There are two rules in play here, Rules 296 and 297 of the Rules of Civil Procedure.

Rule 296

In any case tried in the district or county court without a jury, any party may request the court to state in writing its findings of fact and conclusions of law. Such request shall be...
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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Gov & Administrative Law and Family Law for Texas on
Q: How can I request a hearing to correct missing docket entries and address procedural issues?

I attended a hearing on October 10, 2025, in Galveston County Court at Law No. One, where Judge Grady ordered a paternity test and reset the trial date. However, this hearing is not reflected in the docket. I've contacted the court clerk multiple times and submitted formal emails and... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2025

Because you are not represented by an attorney, you should prepare an order accurately reflecting the judge's ruling and circulate for approval as to form to all parties through their respective attorney if they have one and then properly submit it to the court for signature. If there is a... View More

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2 Answers | Asked in Child Custody, Civil Litigation, Civil Rights, Gov & Administrative Law and Family Law for Texas on
Q: Motion to Strike based on lack of standing, procedural abuse, and due process in SAPCR case.

In my SAPCR case (20-FD-2530) in Galveston County, Texas, I am representing myself pro se after my attorney withdrew on March 5, 2025, without my consent, leaving me unprepared during this procedural onslaught. Between October 8–10, 2025, opposing counsel filed Nonmilitary Declarations and... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2025

Non-military affidavits and certificates of last known address are required to be filed by the attorney for the party seeking a default judgment. They are not filed by the person against whom the default judgment is being taken. There is no "standing" requirement pertaining to the... View More

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2 Answers | Asked in Family Law, Probate, Real Estate Law and Landlord - Tenant for Texas on
Q: Dealing with HOA demand for deceased parents' property in Texas.

I received a final demand letter from an HOA attorney for dues related to a property owned by my deceased parents. I was the power of attorney until my mother's passing. The property is not currently in probate, and there's no administrator. I have two siblings who have not assisted in... View More

James Clifton
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James Clifton
answered on Oct 8, 2025

If you cannot afford to pay the HOA dues, you can try and negotiate a payment plan or a reduced amount for a lump sum payment. Ultimately, you will need to probate the estate(s) or file an affidavit of heirship in order to fully resolve the situation. Once probate occurs or an affidavit of heirship... View More

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2 Answers | Asked in Divorce, Social Security, Family Law and Public Benefits for Texas on
Q: Am I eligible for Social Security benefits based on a common law marriage?

I was married for 9 years and 10 months before getting a divorce. We have two children together, and prior to our legal marriage, we lived together in Texas for over 4 years and shared a joint bank account and filed joint tax returns. During that time, I was a stay-at-home mom. I believe we were in... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2025

You would need to submit proof of the existence of your common law marriage prior to your ceremonial marriage. Copies of your joint tax returns are prima facie evidence of "representing to others that you are married" and are often persuasive evidence of your "agreement to be... View More

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2 Answers | Asked in Divorce, Business Law, Contracts, Insurance Bad Faith and Family Law for Texas on
Q: What are my rights for vehicles financed in my name during a Texas divorce?

I am currently going through a divorce in Texas, and my ex has a truck and motorcycle that are both financed in my name and his stepmother's. Despite my repeated requests, my ex refuses to provide proof of insurance for both vehicles. There is no written agreement regarding the use and payment... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2025

If the vehicles were purchased during your marriage, they are community property. In your divorce proceedings, you can ask the court for temporary orders awarding you the exclusive use and possession of the vehicles, ordering your spouse to maintain or obtain insurance on the vehicles, ordering... View More

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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Personal Injury for Texas on
Q: Inquiry into the overturning of Murff vs. the United States case and seeking options for compensation.

I recently discovered through DNA that my biological father was J. Fitzgerald, who was involved in the case Murff vs. the United States. The family initially received a $750,000 award, including compensation for lack of a father for his daughter, my half-sister. However, the case was later... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2025

Yes, a lawyer can review the opinion and let you know if he thinks, in his professional opinion, the outcome was justifiable.

No, you cannot seek compensation in Texas for the death of your father more than two years after your father's death. In a wrongful death case, the cause of...
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