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Texas Family Law Questions & Answers
1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: Do I need a lawyer to file a restraining order? Residential issues

Harassment and death threats. I'm getting nowhere attempting to file order for my safety of myself and children. Also i have a home in my name that my ex and her husband has been living in for over 6 years that keeps me from moving forward in my Life. A case is filed with KPD and i have heard... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

Sometimes the office of the District Attorney in the county where you live will agree to do the legal work of filing an application for a family violence protective order. If that happens, you won't have to pay for attorney's fees because the D.A.'s office is on the government... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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1 Answer | Asked in Family Law for Texas on
Q: Yes I understand you need to speak with a family lawyer see how do I go about trying to get help with pressing charges

The person is my daughters aren't I already have file two police reports and she's currently doing thingsI

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

If she's doing things that are a crime, you start by calling the police. The District Attorney will determine whether charges will be filed.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

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1 Answer | Asked in Family Law for Texas on
Q: I was denied a child name change because I was told that the father has not technically been identified as the father.

Although there is an active child support case however when it started 7 years ago he opted out of getting a dna test, but he is on the birth certificate. What can I do now to get it approved

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2021

In general, you will need his agreement to the name change or you will have to go through the legal process for people who are not in agreement. That usual means serving him with the petition for the name change, setting a hearing for the name change, and giving him notice of the hearing.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Family Law for Texas on
Q: Can we do anything about bio mom taking stepson with her to do audition rotations for med school?

Bio mom is wanting to take stepson with her and have him do virtual school for her audition rotations that could last for up to a year and isn't sure if she will be able to get him to us for our visitation weekends. They have joint managing conservatorship. Some of her rotations that she has... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 10, 2021

If you want to change the current order you will need to file for a modification.

If the current order is being violated you will need to file for enforcement of the current order.

A person can do anything that does not violate the current order or violate the law.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's father has gave me my son back. How do I get myself taking off child support

Can I get some of my back child support money taken off since I have had my child more than the father

Sharita Blacknall
Sharita Blacknall answered on Jun 7, 2021

FIle for modification of your current order.

The attorney general will help you if both parents are in agreement.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My boyfriend is currently on probation for 3 dwi’s, can I stop him from getting unsupervised visits when our son is born

Boyfriend has a blower in car and continues to get drunk almost daily. He is now also smoking the CBD vape pens. The thought of him having unsupervised visits with our newborn in November terrifies me

Sharita Blacknall
Sharita Blacknall answered on Jun 2, 2021

When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance.... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I need to find out how I go about getting guardianship of my grandson because my daughter needs to go to treatment.

My daughter is in Arizona I am in Texas.

The father is on the birth certificate and he is also on hard drugs. My goal is just to help my grandson and keep them safe. I need to get something legally binding so his father cannot come to Texas and take him.

Elaine Brown
Elaine Brown answered on Jun 1, 2021

Parents generally have superior rights to grandparents. A court order is necessary to obtain custody rights over the child. A party seeking conservatorship is required to serve both parents with a petition and ask the Court to award conservatorship. An affidavit may be obtained from a parent... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can i ask for temporary removal of my child from her father in a temporary child support hearing?

My child is currently with her father and our case is pending in court, his attorney is requesting i pay temporary child support and his attorney fees right now, can my response to this ask that my child be temporary removed out of his care and for him to pay child support i do have proof he is not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

You can file a counter-petition and request temporary orders. Request what you want and set a temporary order hearing requesting what you want.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How does child support payments work when your staying at home to care for my daughter with an illness?

I lost my job due to having to stay home to care for my four year old daughter recently diagnosed with epilepsy. I have always paid for child support for my two older children and unemployment denied me because my old job instead of firing me put I quit showing up. Which is true, I had to care for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

Contact the child support office and tell them your situation. Tell them you need to modify or abate your child support.

Please note that if you are unemployed you are still responsible for paying some amount of child support. However, you may be able to get it lowered to the amount of a...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do we have to force my 7 year old stepdaughter to go on her visitation time with her mom? She begs us not to.
Chad Zubi
Chad Zubi answered on May 27, 2021

Hello and thank you for the question. If there is a court order in which the mother is entitled to visitation then the seven-year-old child must go whether or not they desire to. So in essence the other parent has to force her to go.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on
Q: If my oldest child were 18+ & coerced by manipulation my younger child a minor into running away could I press charges?

Ex. My oldest has several mental health issues and oppositional defiance disorder. Once she moved out, it would be plausible she would 'get back at us' (parents) by manipulating and convincing her little sister to run away and come stay with her when things at our house were... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

It is a defense to prosecution for Harboring a Runaway Child that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. See section 25.06(b) of the Texas Penal Code.

A sibling relationship is the second...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

As a general rule if both parents are alive and well, rights not terminated, or incarcerated, then no grandparents have no rights in Texas.

Without court orders granting the grandparents rights, they have none.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Mother's day weekend 2021, did it supercede dad's weekend on an expanded SPO in Texas?
Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

Yes holidays like Mother's Day supersede the Texas standard possession order.

Pursuant to the Texas Standard Possession Order, if you are a mom, you are entitled to possession of your children beginning at 6:00 p.m. on the Friday preceding Mother’s Day. You then get to celebrate...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My child is 12 and has told us she wants to live in our home as opposed to her mom. How would a judge handle this?

Would they go by what my daughter has requested or would it be a big case to modify?

Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

A request for modification and interview of the child can be filed.

Although a child requests to live with one parent versus another it is still at the discretion of the Judge to do what is in the best interest of the child.

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