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Texas Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: Hello and thank you for reading my question I have twin daughters who are 17 and both have major issues.

Can I extend child support as one or both will have to remain in my care post 18?

Jon R. Boyd
Jon R. Boyd answered on Dec 5, 2019

You can ask the court to extend it if they are disabled and meet the criteria specified in the Family Code. You will need the medical evidence to support it. You will need an attorney.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My mother passed away, can my dad get custody of my sister even if my parents were divorced?

My mother passed away last month. My youngest sister is 15, the only thing is that she had a different biological dad. And my mom has never lived with him. My mom had 4 children with my dad, so she always stuck around with him, so my youngest half sister got attached to my father and considers him... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

The most peaceful way to do it is for both dads to talk and decide that they agree. Then, hire a lawyer to get a court order that makes it legal.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a registry only case?

The oag said I had a registry only case than it turned Into a full service case. My kids dad was in prison for long time. It was marked at 0 & only thing done was conservatorship. When I went to court 2 gentlemen pulled me to side & made sure I understood we would get nothing lottery winnings... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

The attorney general's office has 2 different types of child support cases in their system: Full service and registry only. In a registry only case, the attorney general just collects the child support payment at the state disbursement unit and keeps a record of receiving it. A full-service case... Read more »

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Jon R. Boyd
Jon R. Boyd answered on Dec 4, 2019

Default means you were properly notified of the suit having been filed and you failed to appear/file a response, so the Court allowed the filing party to proceed to court without further notice to you and get what they filed for.

If that happened to you, you have 30 days to file a Motion...
Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It means a person took no action in the case or failed to show up for a final hearing. If this is your case review it with a lawyer asap.

4 Answers | Asked in Family Law for Texas on
Q: Do i need a lawyer to file a written answer, or should I do it myself?

I've received a citation for personal service from the county clerk for a cps case. They've eliminated the perpetrator of no neglect, but is trying to force myself and my daughter to take agree to therapy, which I feel we do not need. I'm unsure of what I should do next.

Jon R. Boyd
Jon R. Boyd answered on Dec 3, 2019

You should file an Answer. It can be prepared by you if you want since it is so simple. Just write the style and cause no. just like the Petition served on you, then say is is your Answer to the Petition, then say you deny all the allegations of the Petition. Add your name, address, cell phone and... Read more »

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: how does a dad get Joint Physical and legal Custody of his child.
Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2019

Hire a lawyer to file a suit affecting the parent child relationship and the lawyer will take it through the process until a final order is obtained.

During the process it must be shown that it is in the best interest of the child for the mother and father to have joint physical and legal...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How strongly do courts try and grant joint custody?Parents were not wed and have not been together since before pregnanc

Have been trying to coparent. Child has lived with the mother the entire time. In efforts to keep the father included she allowed him to live with them for a little over 6 months although he didn't change his mailing address for another year because he has not had a place to live. He was kicked out... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

In general, if there is no court order in place that restricts the mother and child's residence then the mother can move. In light of the scenario you described, the mother should consult with a lawyer about filing a suit affecting the parent child relationship and injunction that will address the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live in texas my child lives in louisiana with her mother. What state do i get a lawyer from to get joint custody?

I'm in a miserable situation with my child's mother. She is still bitter from our relationship that ended 6 yrs ago and she makes it hard for me to talk or see my child. I even bought her a cell phone that i pay the bill on every month and she takes and controls that. I send her montly every month... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

Hire a lawyer in the state and county where the child resides. An original suit affecting the parent child relationship should be filed where the child resides.

You need to get a court order in place that tells you and the mother where the child will reside, what the visitation schedule...
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2 Answers | Asked in Family Law for Texas on
Q: My daughter is living in Cooke County. She is not married but living with the father of her 4-month-old. They signed an

Acknowledgement of Paternity form and the father's name is on the birth certificate. She does not know what her rights are as far as leaving Texas with the baby for a short amount of time- or for the long term. Please advise and direct me to any pertinent resources.

Thanks

Jon R. Boyd
Jon R. Boyd answered on Dec 2, 2019

Absent a court order otherwise, she can go or move anywhere she wants with the child. However, if he then filed to bring the child back, MOST courts would grant that request and restrict her residence.

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2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: My daughter is 22 and now pregnant. Boyfriend is 17 can they be married without his parents signing that he can
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 2, 2019

Probably not since he is not 18. Once he turns 18 the parents will have no say so at that point. Good luck.

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2 Answers | Asked in Family Law for Texas on
Q: Parents never married, father is on birth certificate, both parents signed AOP at hospital.

Father has child on health insurance. No court agreement or child support. Can the mother move away and not tell the father where they are?

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 2, 2019

Yes the mother can move where ever she pleases unless the father initiates a court order with rules into place. The father should retain an attorney for these matters asap. Good luck. 888-343-4529.

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1 Answer | Asked in Family Law for Texas on
Q: Can you call the cops on your kid if he is gay?

isn't there a law where the kids have to do everything their parents want them to do?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 27, 2019

A child doesn't have to do anything illegal. If you and your child are having problems, perhaps a better solution than calling the police is family counseling.

2 Answers | Asked in Family Law for Texas on
Q: Cps took my 3 kids and placed the older two with their father. He is not allowing me to see or talk to them.

The youngest child is in foster care but we already have went to court about him. I’m only asking about my older two.

Sharita Blacknall
Sharita Blacknall answered on Nov 26, 2019

If you have an order that allows you to have visitation and you are not getting it you can hire a lawyer to file an enforcement action on your behalf.

Make sure that you are doing everything that you are supposed to do under the order.

If the order says you are supposed to do...
Read more »

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1 Answer | Asked in Family Law for Texas on
Q: Can my teacher take my phone then make me pay to get it back
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

I don't believe so. You should talk to the school abou this though not this forum.

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Is visitation different for children 3 months old? My sons dad moved 3 or more hrs away and now wants to be involved.

My sons dad was not involved during the pregnancy and even wanted to give up his rights at one point. I am having a hard time wanting to send my son 3 hrs away. However, I let his dad come get him last weekend and that whole week after my son came home his sleep schedule was off. His dad wants to... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 25, 2019

Visitation for children is done in the best interests of the child. Factors to consider for overnight are whether the father was living with you and if so did he keep the child overnights before he moved. In general long overnight periods for a newborn at 3 months would not be likely. But, there... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: How do I find the court number on child support documents I've received
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

Look for an OAG Number and there may also be a Cause number above or below it.

3 Answers | Asked in Family Law for Texas on
Q: What form do I file to terminate my parental rights to a child
Sharita Blacknall
Sharita Blacknall answered on Nov 24, 2019

Terminating your rights to a child is not as simple as it may seem. It depends on the situation and why a person wants to terminate their rights. Judge's have a lot of discretion when determining whether or not to allow a person to terminate their rights to a child. If the child is being adopted... Read more »

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: We lived in Texas for about 1.5 years. I left the the US to go to my home country in August 2019.

My husband filed for divorce after I left after in August.

I haven't received any papers from the court yet. My green card expires in December. After my green card expired will the divorce still take place in Texas? Has Texas still juristiction over me in this case or will it be my home... Read more »

Jon R. Boyd
Jon R. Boyd answered on Nov 23, 2019

You didn’t say where you have been living or whether you have a child together, and if so, where the child was conceived, had been living, etc., all of which make a difference.

There are three kinds of jurisdiction: jurisdiction over adjudication of the marital status; jurisdiction over...
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