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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: Hello, my question is about having a marriage annulled.

In Blount county Tennessee on April 20, 2018 we were married. She was 44 and I was 24. We separated and I moved back to Texas on July 23, 2018 (lasted 3 months and 3 days)

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

That is a question of Tennessee, not Texas, law.

2 Answers | Asked in Family Law for Texas on
Q: My ex gf is pregnant, it could be mine, how do I proceed with a paternity test, what are my rights and responsibilities

My ex girlfriend approached me in early December saying she is pregnant. There is a chance that it could be mine and she says it is, but I would really like to be certain before taking further actions. What steps need to be taken on my end for a paternity test? I have a feeling she will not want to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jan 14, 2021

You could hire a lawyer and file a Petition to Adjudicate Paternity. In such a proceeding, you could the Judge to order a paternity test and get an Order requiring it.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: If a minor's last name was changed in Georgia, but the father was living out of state and was never notified?

If a minor's last name was changed in Georgia, but the father was living in Texas and was never notified, is there anything the father can do to reverse it? The father's address was known and he continuously paid child support but he never received notification or gave his written consent.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jan 11, 2021

The answer to your question depends on Georgia law and the Georgia rules of procedure. Had this happened in Texas, the father could theoretically file a Motion for New Trial if he did so within 30 days of the date of the Judgment. If he learned about it after 30 days, he could theoretically file... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can they take my IRS REFUND on the refund is my rebate credit.

Owe around 4500.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The new stimulus law exempts seizure of your stimulus check. Your federal tax refund can and will be seized for child support arrears owed.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I have someone that knows the date of marriage was falsified on my marriage license what can I do. I left my husband.

I know the date was falsified. My grandfather was the preacher but he passed away 4 years ago.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 7, 2021

What is the problem with having an incorrect date of marriage on your license? Were you too young? What do you want to do? If you've left your husband and there's no reasonable expectation that you will get back together, sue him for divorce. If you think your marriage might be void or... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: What can I do when a judge coerces me out of my fifth amendment right, mocks me for contacting local Rep in congress?

I was belittled and coerced in a court of law by a judge and the opposing parties lawyer. The judge told me even though I was denied a continuance I requested due to inadequate representation of counsel, that if I plead the fifth that she will pursue me as guilty and if I don't answer the... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jan 7, 2021

You may try contacting the State Commission on Judicial Conduct. http://www.scjc.texas.gov/

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: my kids dad is refusing to give my youngest son back what can i do i have possession of the kids
Sharita Blacknall
Sharita Blacknall answered on Jan 4, 2021

If a court order is being violated there are several options. You can hire an attorney to file for enforcement of the order and/or a writ of habeas corpus/writ of attachment.

Please note that what I am saying is for general information and education only.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If our daughter and son-in-law don't let us see our grandchildren because they were reported to CPS and I am blamed for

He has hit our 14 year old grandson twice. CPS made an appointment to go investigate but didn't question the kids alone and they are very afraid of both parents. Do we as grandparents have any rights to see them? He is on disability and has his own business and other property from which he... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

In order to force visitation over the parents objections, you are going to have to show that the biological parents are "unfit". Its a very difficult burden. If CPS were to remove the children because the parents do drugs, then CPS may place the child with you. Unfortunately, Texas... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can CPS take a newborn away from both parents without a court order.
John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

They can for a very brief time but must present a request for an ex parte order within I believe 72 hours. Only with your consent to a safety plan can they do so without a court order. So if you don't agree to removal, don't sign safety plan and force them to file suit.

1 Answer | Asked in Family Law for Texas on
Q: What grounds would an aunt have to take a 14 yr old from his father if there are no problems?

Mother and Father shared joint custody and successfully co-parented. She has recently passed. Her sister wants the 14 yr old. In staying with his father, he will remain in the same school and maintain his extracurricular activities. I'm just wondering if there are any laws or loopholes that... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

There really isn't any way to do this without dad's consent. An aunt doesn't get parental rights over a child just because she wants them.

3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Dec 29, 2020

Your question does not lend itself to an easy answer. Are you presently residing in Texas? In Texas, a Judge may pronounce a divorce as being granted on a certain date but not sign the Decree until several days or weeks later. The answer to your question may turn, in part, on whether a divorce... Read more »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

Take close a look at chapter 85 of the Family Code, especially Subchapter D near the bottom of the statute.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm

You should hire a local FAMILY LAW attorney who has experience with Child Custody matters, especially those...
Read more »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

The Family violence is a factor but short answer - can he - possibly. However, even if family court grants visitation, bond conditions from criminal court may prevent access. He is likely going to have to the Court that granted the PO to modify the PO to allow access.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: What are my rights or what could I do if I live on a property that my children's fathers name was put on the deed when

His grandfather passed he left a will with his eldest son being the executor of the estate and real property.Q: My children's father owes me back child support arrears and is court ordered also to pay current child support but, doesn't,, am I able to put a property lean on any property... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 23, 2020

Yes. But you will need an attorney to do so. You may be able to use the state or county attorneys who manage cases for child support services in your state. However, that process is slow. A family law attorney can help you accomplish your goal much more efficiently.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What do we need in order to involve a 3rd person to not communicate with my step daughters mother any longer?

My husband and I have tried our best to co parent with my stepdaughter’s mother. It is impossible to try to parent with her..we disagree on many things and she always wants to act like the superior parent. She always wants things her way and there’s Is no way we can talk to her about parenting... Read more »

Jane M. Gekhman
Jane M. Gekhman answered on Dec 22, 2020

A parenting facilitator can help resolve issues regarding the child. I have seen parenting facilitators help in very high conflict cases/situations. However, parenting facilitators can be expensive as well for both parties.

1 Answer | Asked in Family Law for Texas on
Q: daughter is going to their fathers, my husband is diabetic and worried due to covid they are having family gathering

Many other relative by fathers house will be attending, I'm concerned what if she get the visit and bring it back home, can I require him to have her tested before returning home

Sharita Blacknall
Sharita Blacknall answered on Dec 21, 2020

No. If it is not court ordered you cannot require anything.

1 Answer | Asked in Bankruptcy, Family Law and Child Support for Texas on
Q: How do I get the federal court to investigate a bankruptcy case that was disregarded by debtor.

Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux answered on Dec 19, 2020

Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... Read more »

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