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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: We were awarded PMC with parental rights of my wife's first cousin. Can she choose at age 15 to go back to her mother?

My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 8, 2020

She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I need to notify the Texas court that I moved me and my daughter to California even if I have sole custody?

I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 7, 2020

The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can I help protect my son from a case of aggravated assault? I don't want to excuse what he did but dont want him jailed

age 14, aggravated sexual assault.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.

1 Answer | Asked in Family Law for Texas on
Q: Am I obligated to sign a final court order for the mediation agreement? Something we had agreed on was left out
Chad Zubi
Chad Zubi answered on Jul 2, 2020

You aren’t obligated to sign it unless the judge orders you to sign it. That being said, the order may be entered without your signature if the judge finds that it is in compliance with the mediated settlement agreement.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Should I keep my daughter quarantined for the recommended 14 days at my house?

Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.

He is not willing to get tested and he is not willing to agree to keep my... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 1, 2020

As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period... Read more »

1 Answer | Asked in Criminal Law, Family Law and White Collar Crime for Texas on
Q: How long do I have to press charges against a family member who signed a promissary note after promised funds were spent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I think my ex-wife is lying about having a positive COVID19 test to keep my son from me . He has tested negative.

He was at my home before she received supposed positive test. She made sure to take him home before telling me that she was even tested and refuses to show me her results. Is there anything I can do?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: My minor son's father died 5.5 years ago. No will. We lived as a family, but were not legally married.

The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 29, 2020

As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,... Read more »

1 Answer | Asked in Internet Law and Family Law for Texas on
Q: Fam member with no relationship w/us refuses to take down pics of our child on social media stating they have rights

Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 28, 2020

If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Texas on
Q: Can images and videos taken without authorization from my iPad be used as evidence in court?

My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 25, 2020

If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How long does a parent have to complete drug test when ordered by judge?

I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 24, 2020

The time to take the test is usually set in the court order.

2 Answers | Asked in Family Law for Texas on
Q: I was served a protective order 2 weeks ago. Hearing was today and my ex nor her lawyer appeared. What happens now?

I was served an ex parte protective order two weeks ago from my ex-wife claiming abuse to my two children. She also opened a CPS case and after investigation it was closed with no findings of abuse. Today was the hearing and she nor her lawyer appeared. I was told by the baliff the case was taken... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 24, 2020

You should hire an attorney right away to determine how to proceed. These types of cases could possibly having you face jail time and contempt of court. Good luck. 888-343-4529.

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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: Could someone please let me know if in Texas a pregnant 16 yr old and 18 yr old can get married with parental concent?

They live with the 16yr old's parents.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 22, 2020

Yes, they can.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Saludos Hace 2 años que me mudé a los Estados unidos por razones de trabajo.

Tengo 2 hijos que residen en PR. La pension asignada por la corte mientras yo vivia ayá es de $ 1832.00 mensuales y solo me sobraba despues de impuestos y demas deducciones $ 250.00 bisemanales. Al mudarme a EEUU mi sueldo aumentó pero mis gastos Tambien. Ahora mismo esta pension consume casi el... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 22, 2020

Cualquier cambio en la cantidad de su child support tiene que ser pedido en la corte que establece sus pagos de su child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can i see my children and not go to jail because child support?

I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2020

A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I signed over rights while I was incarcerated 11 yrs ago. My children are asking to see me. What can I do?

My kids are 12 and 14 yrs old.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 20, 2020

Unfortunately, if you voluntarily relinquished your parental rights and a Court signed an Order terminating them, you have no legal right to compel the other parent to let you see them or to have visitation with them. Your only hope to be able to see them is by kind persuasion.

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I had filed for a motion to transfer my case should I wait until I get approved to serve a copy to the petitioner

My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.

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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: What types of questions should I ask my lawyer?

Last year, almost to the day, I found out my husband and daughter were having a sexual relationship behind my back. I kicked him out, but upon telling a neighbor, the police was called, and subsequently, CPS. This was in Euless, Texas. I cooperated with authorities and CPS who displaced my children... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

I suggest these: How long have you been licensed? How many jury trials have you done? How many Bench trials have you done? Are you rated by Martindale- Hubbell? If so, what is your Martindale-Hubbell rating?

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I get a temporary order quickly until our current order is changed?

My 10 year old daughter is wanting to do cheer leading again for a 2nd year which she tried out for and made the team. Unfortunately, the team she made has practices every Sunday which interfere with her fathers scheduled time. I spoke to my daughter and she informed me she was ok with shorter time... Read more »

Jessica Estorga
Jessica Estorga answered on Jun 18, 2020

You should consult with an attorney to get a modification and set for temporary orders to address this one issue. Obviously father is going to want his time made up elsewhere, so I'd start brainstorming alternate periods of possession or make up times over holidays to provide as a reasonable... Read more »

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