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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: Texas mom, 24, Looking to find out if I need to find a lawyer to represent me in court OR if I can get a court appointed

I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).

Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove...
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1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to let my son visit his dad after he was physically harmed?

My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: 1. How do I get visitation rights to see my 89 year old mother? One brother is preventing other family from seeing her.

My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.

A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

1 Answer | Asked in Employment Law and Family Law for Texas on
Q: After marriage, if you use two last names without a hyphen, can you use both last names interchangeably?

I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Custody question: if non custodial parent does not pick up children at designated time and date, does he forfeit right?

Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.

An "interference" charge can only be pursued if a conservator takes or...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband and I are divorcing in the State of Texas, Collin County

1. He earns almost 3x my salary. Does Texas support alimony?

2. He works for a liquor company and part of his contract includes equity in the company on a 5 year vesting schedule. In addition, if the company is sold prior to the 5th year, full equity participation shall vest. The company is... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

1. Texas law does provide for "alimony", which in Texas is called spousal maintenance, if the marriage has lasted at least ten years, or the spouse seeking alimony is disabled, or a child of the parties is disabled and requires the supervision of the spouse seeking alimony, or there is a... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Did the new refinance change who gets the equity?

I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How to serve out of USA party in a divorce hearing.

Hi

I have a quick question regarding my ongoing child custody evaluation. My wife recently traveled overseas and informed the court counselor that she has no plans to return to the US. At present, our children are living with me as per a temporary custody court order I'm not sure what... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Since you have a pending proceeding, and do not have to be concerned with serving the original citation, you can serve your wife, or her attorney, with future notices electronically through the court's electronic file management system. This would include serving her with any notices... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I filed a petition to modify custody, In order conservatorship it asked if there a joint can I add husband?

The petition was filed I'm just filling out orders , I'm doing this pro se. I want to ensure paperwork is done properly. Since I'm doing it through efile when do I file order . Hearings in March

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.

If you are still married to your husband and your husband is the...
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1 Answer | Asked in Military Law and Family Law for Texas on
Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More

James L. Arrasmith
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answered on Feb 25, 2024

Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by...
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1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: can my parent kick me out the house and not let me get my belongings if im 18?

i live with my aunt and 8 OTHERS IN A 4 BEROOM HOUSE..i went to her and told her (mind you im 18) that im moving out bc i got in trouble and she is now controlling me with her "house rules" no one else has to follow but ME. i am afraid she'll kick me out if i try and take the phone i... View More

James L. Arrasmith
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answered on Feb 24, 2024

As an 18-year-old, you have legal rights to your belongings, even if you're living with family members. If your aunt kicks you out, she cannot withhold your possessions from you. It is your right to retrieve your clothes, shoes, personal items, and anything else that belongs to you or your... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a divorce if I live in another country?

I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

You can get divorced in Ecuador since you are a permanent resident of Ecuador now.

Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically,...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can case me modified to use Texas laws ?

The custodial parent has moved to Texas from another state with our child. Neither custodial or non custodial parent live in the state that has jurisdiction over our case. I had moved from that state over 10 years ago.

Can we get the case jurisdiction transferred to Texas now that neither... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.

A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child....
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