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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: my step daughter turns 16, she wants to live with dad . Can he just go pick her up and take her home?
John Michael Frick
John Michael Frick
answered on Jan 25, 2023

No. If there is a custody decree or order in place, he should hire an attorney to file a motion to modify.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

2 Answers | Asked in Family Law for Texas on
Q: my step daughter turns 16 next month. can her father just go pick her up . she wants to live with father not mom
Sharita Blacknall
Sharita Blacknall
answered on Jan 25, 2023

If there is a court order, it must be followed until a Judge changes it. A request for modification should be filed with court.

If there is no court order in place, then both parents have equal rights until a court order says otherwise.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can the judge force me to file for child support if I am in Drug court

The court ordered me to file for child support even after I told them he would hurt me if I did.

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

It is common, as a condition of probation, that you would be ordered to support your children. As long as you are able to do so without government assistance or child support from the other parent, it is arguable that ordering you to file for child support exceeds the power of the court.... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: The father and I have 50/50 custody, but I want full custody. Am I able to go back to my case and request that change?

My family and I are planning to move next year to the east side of our town. The father lives in New Mexico, making it a very long drive that our daughter would have to suffer through once a week for visitation; she's only three years old. He can't afford to put her in daycare and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

This is a typical “bread & butter” custody case. You can file a motion to modify your custody arrangement with the court. Whether the court will grant your request will depend on all of the facts and circumstances shown by the evidence presented in your case.

You should consult a...
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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have a great opportunity to go to Germany for a year or two. Can my ex keep me from leaving with our child?

I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of... Read more »

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

As long as you are willing to bear the cost and inconvenience of international travel so your ex can exercise his periods of parenting time with your child, you may very well be able to temporarily relocate to Germany.

It will be a lot easier logistically if you work out the details with...
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1 Answer | Asked in Family Law for Texas on
Q: Hello, good morning. I would really appreciate it if you could give me legal or family advice?

Hello, good morning. I would really appreciate it if you could give me legal or family advice? It is about my daughter, she is an American citizen but since she was two years old I brought her to Mexico because they deported me, when she was born her father asked for a DNA and it came out 99.9%... Read more »

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

There is no simple answer to your fact scenario. It sounds like there was a paternity order since you mention child support being paid. So there is a court with continuing jurisdiction over legal decisions affecting the child.

Customarily, both parents would be ordered to keep the court...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

If the facts are as you state, and there aren’t additional facts which may materially affect the decision, it is highly unlikely your ex-boyfriend will be awarded full custody of your child.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 22, 2023

In Texas, sole custody is typically only considered when there is evidence of abuse, neglect, drug use, or alcoholism by one of the parents that would place the child in danger. This is because the state's primary concern is the safety and well-being of the child.

In cases where there...
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1 Answer | Asked in Family Law for Texas on
Q: Will a closed cps case come back on a background check if you want to be a public school teacher in Texas?

So when i was 21 i was in an abusive relationship where he got me involved in drugs. I got pregnant at 23 years old and did not find out until i was 5.5 months along. I did get off it soon after finding out. However his first poop they test and came back positive for heroin. Even though its only up... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 21, 2023

Depending on the final conclusion if CPS you may be able to seal the case

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... Read more »

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

As your mother’s power of attorney, you have the exact same rights your mother would have if she were competent. Depending on the language of any agreement, that very likely includes the power to terminate the maid or to remove her as household manager.

You can then hire another...
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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 20, 2023

If you have your mothers power of attorney terminate the proxy, You also may want to probate your dads estate,

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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".

My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.

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

For purposes of what possession schedule applies, the distance is “as the crow flies.”

Since there are two driving routes less than 100 miles, the distance is unquestionably less than 100 miles.

The choice of driving route is up to the parents, but doesn’t impact what...
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2 Answers | Asked in Family Law for Texas on
Q: Hi, Texas Law, My grand daughter is 13, my daughter has custody. My grand daughter doesn't wish to visit her father.

On scheduled days, he is mentally abusive, ignores her playing on-line video games 24/7 while she is with him. My daughter is willing to give up child support to end this situation. He is behind twenty grand. he would not contest this. Is there anything she can file to change current custody... Read more »

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

If she has never required public assistance of any kind, she can file an agreed motion to modify in suit affecting the parent-child relationship.

If she has ever needed any type of public assistance raising the child, the State may have an interest in the past due child support. But it...
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1 Answer | Asked in Family Law and Divorce for Texas on
Q: Can i travel during divorce process? What things I need to do before I go?

I‘m in a no-fault divorce, without children, and no property dispute. After I received divorce documents, I filed a waiver of service only, then on Dec 12th I got a notification of service about motion for default judgement.

How long will it take for my divorce to be completed from that... Read more »

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

It may already be final or may become final at any time.

I assume you are bright enough to have either hired a lawyer to represent you or to have consulted a lawyer about the effect of signing a waiver of service and the meaning of the language in your particular waiver.

1 Answer | Asked in Family Law for Texas on
Q: 1 - Is it a Texas law requirement that a Last Will and Testament document be witnessed?

Someone told me that an embossed notary stamp is required. Is this correct?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 11, 2023

Yes. There should be two witnesses

2 Answers | Asked in Family Law for Texas on
Q: My kids are staying with there mother and the mother sister reached out to me I am the father of the children I need hel

My children have not been getting feed as needed and there mother has been letting them drink alcohol my children are 14 and 15 my daughter does not feel comfortable with the guy her mother has in the home because he has made her uncomfortable by looking under her shirt while thinking she’s... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 11, 2023

You need to retain a lawyer a d ask for custody of your children

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2 Answers | Asked in Family Law for Texas on
Q: My kids are staying with there mother and the mother sister reached out to me I am the father of the children I need hel

My children have not been getting feed as needed and there mother has been letting them drink alcohol my children are 14 and 15 my daughter does not feel comfortable with the guy her mother has in the home because he has made her uncomfortable by looking under her shirt while thinking she’s... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 14, 2023

Take immediate action to protect your children.

Here are a couple of general options:

1. Hire a lawyer to get you custody, request supervised visitation for the mother, and an injunction that keeps the boyfriend away from kids; or

2. Contact Child protective services. But,...
Read more »

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2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 9, 2023

You need to call legal aide and see if you qualify for a free lawyer

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1 Answer | Asked in Family Law and Landlord - Tenant for Texas on
Q: Girlfriend lives with me for 7+ yrs. I have asked her to move out, she said No.

Been together for 7+ years. Says we are common law married and she will get everything in the divorce. She doesn't work, Just started Getting SS (unknown $), Medicare/Medicaid about a year ago. She doesn't work never has work long so I ASSUME her SS is around $700. Prior to that I paid... Read more »

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

How long you lived together is irrelevant. In order to form a common law marriage, you must have an agreement to be married, must have held yourself out to others as spouses, and lived together as husband and wife in Texas (how long is irrelevant).

Couples can record a declaration of...
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