My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?
She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's... Read more »
I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »
The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »
age 14, aggravated sexual assault.
You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.
You aren’t obligated to sign it unless the judge orders you to sign it. That being said, the order may be entered without your signature if the judge finds that it is in compliance with the mediated settlement agreement.
Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.
He is not willing to get tested and he is not willing to agree to keep my... Read more »
As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period... Read more »
The statute of limitations is the hard limit beyond which prosecution is barred. You can find them in chapter 12 of the Texas Code of Criminal Procedure which I will link below. Generally speaking, the longer you wait to report a case, the less interested law enforcement will be. Just because a... Read more »
Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?
An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »
He was at my home before she received supposed positive test. She made sure to take him home before telling me that she was even tested and refuses to show me her results. Is there anything I can do?
If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a... Read more »
The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »
As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,... Read more »
Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »
If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... Read more »
My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.
If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the... Read more »
I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »
The time to take the test is usually set in the court order.
I was served an ex parte protective order two weeks ago from my ex-wife claiming abuse to my two children. She also opened a CPS case and after investigation it was closed with no findings of abuse. Today was the hearing and she nor her lawyer appeared. I was told by the baliff the case was taken... Read more »
You should hire an attorney right away to determine how to proceed. These types of cases could possibly having you face jail time and contempt of court. Good luck. 888-343-4529.
They live with the 16yr old's parents.
Yes, they can.
Tengo 2 hijos que residen en PR. La pension asignada por la corte mientras yo vivia ayá es de $ 1832.00 mensuales y solo me sobraba despues de impuestos y demas deducciones $ 250.00 bisemanales. Al mudarme a EEUU mi sueldo aumentó pero mis gastos Tambien. Ahora mismo esta pension consume casi el... Read more »
Cualquier cambio en la cantidad de su child support tiene que ser pedido en la corte que establece sus pagos de su child support.
I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »
A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »
My kids are 12 and 14 yrs old.
Unfortunately, if you voluntarily relinquished your parental rights and a Court signed an Order terminating them, you have no legal right to compel the other parent to let you see them or to have visitation with them. Your only hope to be able to see them is by kind persuasion.
My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »
If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.
Last year, almost to the day, I found out my husband and daughter were having a sexual relationship behind my back. I kicked him out, but upon telling a neighbor, the police was called, and subsequently, CPS. This was in Euless, Texas. I cooperated with authorities and CPS who displaced my children... Read more »
I suggest these: How long have you been licensed? How many jury trials have you done? How many Bench trials have you done? Are you rated by Martindale- Hubbell? If so, what is your Martindale-Hubbell rating?
My 10 year old daughter is wanting to do cheer leading again for a 2nd year which she tried out for and made the team. Unfortunately, the team she made has practices every Sunday which interfere with her fathers scheduled time. I spoke to my daughter and she informed me she was ok with shorter time... Read more »
You should consult with an attorney to get a modification and set for temporary orders to address this one issue. Obviously father is going to want his time made up elsewhere, so I'd start brainstorming alternate periods of possession or make up times over holidays to provide as a reasonable... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
