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Texas Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What are the chances of my wife gaining custody of children in divorce with false claims? She is manic bipolar.

My wife has mental health issues, multiple attempted suicides, and been court ordered to stay at mental health facilities. She is diagnosed with manic bipolar. She is now making claims to me that she is going to say I have raped people and that I abused her physically and mentally. I have video of... Read more »

Victoria Collins
Victoria Collins answered on Jan 28, 2020

Nobody can guarantee an outcome one way or another if the court is forced to make a decision regarding your children. However, If you can back up your claim with hard evidence the likelihood of a court awarding sole custody to a person with mental health issues is unlikely. In these situations it... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My friends father just received a letter from SAPD asking him to come in regards to a case. What should he do?

Should he go in or should he get a lawyer.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 27, 2020

Get a lawyer before discussing any issues with them. Good luck.

1 Answer | Asked in Family Law for Texas on
Q: My x husband is in prison for molestion our daughter. How do i take his parental rights to protect my kids from him?

I have the documentation of his conviction and sentencing. He has agreed to sign the papers to terminate. I just cant find the forms or know the process.

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 26, 2020

Consult an attorney to make sure the process is taken care of properly. Best of luck to you and your daughter. 888-343-4529.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What do I need to do to get a divorce from my husband who was deported back to Mexico? We have a 9 yr old daughter.
Jon R. Boyd
Jon R. Boyd answered on Jan 24, 2020

File a Petition for Divorce assuming you have lived in Texas the last 6 mos and you have lived in the same county in which you're going to file for for the past 90 days.

Then, though, you run into how to get him legally served.

Best you consult with a lawyer because there are...
Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how does one file for an at fault divorce based on adultery and abandonment and mental health issues

Has been multiple incidents with physical mental and verbal abuse as well as abandonment and adultery there's also one biological child in household as well as a non-biological child who is mentally disabled with autism who has also been verbally and mentally abused by spouse

Chad Zubi
Chad Zubi answered on Jan 23, 2020

You would need to assert your grounds for the divorce in your petition. Issues regarding children will also be dealt with during your divorce. Child issues consist of things like rights and duties regarding the children, child support, and possession and access (visitation). It sounds like you... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband doesn’t want to get a divorce but he’s not living with me either. How can I get the deed in my name?

We have been married 24 years

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 22, 2020

You’ll have to get a divorce in order to have the property awarded to you. Good luck. 888-343-4529.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: custody / visitation question

My son has 4 court order supervised visits by someone that the mother chooses. Every person we pick she says no about. Her excuses is she doesn’t know them. Which is not true because one of them has been in my child’s life since she was born and my ex’s life as well. Every time it is time for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 20, 2020

You need to file a motion to enforce and modify the current order.

If you your funds are low I would suggest that you start thinking about how you can gather funds to hire a lawyer. Maybe you can save it up, borrow it, sell something, or pick up a side hustle. It may take you awhile, but...
Read more »

3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: How can I stop an adoption process from an ex?

I was in a relationship for x years and I received conservativorship over my niece and during the process I was in a relationship which we are no longer together. I've been taken to court to modify an order that they weren't a part of and they requested standing, judge didn't rule and case went... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

You have a very complicated situation that cannot be answered in this forum.

You should hire an attorney to assist you with this.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What does a father need to have for a compelling case in order for him to have custody of his children.

Mother and father were never married. And mother chose to leave

The father has a stable income and a house for the children. He also has a minimal criminal record in the past.

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

Mothers and fathers are equal under the law. It boils down to what the past history of caretaking has been, what the future caretaking plan is and what is in the best interest of the children.

There are also factors related to financial ability to care for the children, living...
Read more »

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4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My CPS investigator recommended FBSS, should I agree?

My son's great grandmother took him for a hair follicle, without my consent. He tested positive and she called CPS. The investigation has been open for almost 90 days with little contact from the investigator. They asked me to leave the home, leaving my son with his great grandmother. I have yet to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Hire a lawyer ASAP.

1 Answer | Asked in Family Law for Texas on
Q: I started off 9000 in the hole but they say it's not back support. I've never missed a payment. Is this legal?

My childs mom filled on me so I got a lawyer, we had a court date and she didn't appear in court because she went on a family vacation so I was awarded temporary custody and child support which she never payed. The still gave her another chance to come to court again and said she can get another... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 14, 2020

Normally they would go back to the day she filed but what is determinative is who had the child during what period and you should have received credit for the time you had custody and for what she was ordered to pay you and didn't. You need to see a family law attorney that handles child support... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What should I do if my unborn son's mother is already threating me with not being able to see my child be born

She is also threatening me with not being able to see my child and is refusing to give my son my last name

Jon R. Boyd
Jon R. Boyd answered on Jan 14, 2020

You will need to file a petition in suit affecting parent child relationship. Either to establish parentage thru DNA testing or, if you're able to sign an Acknowledgement of Paternity, that will make you the legal father and then you're past having to prove your're the father and you will deal with... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: I am a 15 year old in Texas and I would like to run away from my home. Is it legal for me to stay at a friends house ?

My parents have abused me emotionally for years and it was to the point where I tried to commit suicide and run away. I would like to runaway again but I don't want to if that means I could get fined or my friends put to jail. Is there a way for me to just leave my parents? I want to live in a safe... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

Anyone who harbors a runaway can get in trouble. There are places you can go or people to contact if you feel you are in danger. Perhaps there is someone at the school such as a counselor you can turn to to share your thoughts with.

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Can my sons step mom get into trouble for putting her name on my sons obituary and death certificate?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It may be too late to change the obituary; however, if you feel the death certificate was done in error then you may seek to have it amended. Contact the department of vital statistics to find out what the proper procedure is.

2 Answers | Asked in Family Law and Child Support for Texas on
Q: Hello

Hello, me and my husband have been married 15 years with 4 children, about a month ago a woman showed up to my home stating she had a child with my husband and the child is 16, my husband claimed he wasn’t quite sure if that was ever his child because the mother had a history of different men her... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 13, 2020

If he is the father he is responsible for current child support and may be responsible for retroactive child support depending on his knowledge of the alleged child. Good luck. 888-343-4529.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: The non custodial parent hasn’t been served yet . He went to another state to avoid child support. Can I do enforcement

The woman he works for he lives with . She refuses to provide employee information so that they can serve him .

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 12, 2020

In order to proceed on an enforcement he will have to be personally served. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I need assistance with custody of my 4&6 year old.

My husband & I both want to keep full custody.I want to avoid fighting

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 9, 2020

That’s awesome for you all to come together for the benefit of your child! You should be able to obtain an attorney who can explain to you the options so that you can proceed accordingly. It will be less costly since you all agree. 888–343-4529. Good luck.

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