Lawyers, Answer Questions  & Get Points Log In

Texas Family Law Questions & Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on

Q: Hi , I wanted to see if Qualify f qualify or a lawyer? I need help for child support? I can’t really pay much..

I have court October 17th

Rahlita D. Thornton answered on Aug 23, 2019

The Office of Attorney General may be able to assist you. Not sure what the court date is for but contact their office to see if you can get help.

2 Answers | Asked in Family Law for Texas on

Q: is it mandatory for a custody case to be transferred to another county?

I'm currently trying to get back custody of my son but am being told the hold up is the case needs to be transferred but the opposing attorney isn't doing anything.

Jon R. Boyd answered on Aug 23, 2019

Hi - I assume both parties and the child live in Texas and the original order was in Texas?

If so, under Texas law, if the child has been living in another county in Texas for at least 6 mos. (besides the county where the case has been handled thus far), and if a party timely requests a...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Family Law for Texas on

Q: I was arrested in Collin County Texas for possession of a controlled substance and endangerment to a child

I haven't been arrested since 2009 and my last possession charge was in 2002. What do u think I should do? And what may happen in ur opinion?

Grant St Julian III answered on Aug 19, 2019

Do you have felony convictions? If so, the punishment range for the new cases can be enhanced. Get with an attorney to discuss your situation. Good luck.

1 Answer | Asked in Child Support, Social Security, Estate Planning and Family Law for Texas on

Q: My ex-husband died suddenly in April. Our only child has been in ICU since last July, and is disabled

My child turned 18 in July. He needs a heart and kidney transplant. His stepmother wants to discontinue child support and his health insurance, as my child now receives his father's SSI death benefits. He is ineligible to receive Medicare, Medicaid, or SSI disability due to receiving these death... Read more »

Nina Whitehurst answered on Aug 15, 2019

Do you have a question?

1 Answer | Asked in Family Law for Texas on

Q: I have guardianship over my nieces in the state of texas. their parents live in Louisiana.

Their mother was the one that issued the temporary custody. The father wants them back in Louisiana but doesn't take care of them. Do I have to bring them back since we live in Texas and they reside in Louisiana. He never participated in their lives.

Rahlita D. Thornton answered on Aug 14, 2019

Sounds like there is not a court order in place. If this is true the father’s rights are superior to a non-parent’. Kidnapping charges may be applicable as such.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: What rights do the maternal grandmother have?

Biological father and my daughter were living together (not married) he took the 3 year old child to his mother, kicked my daughter out in the street, she is now homeless, I am already raising her 1st child , half sister to 3 year old, would like to get custody of 3 yr old and raise the siblings... Read more »

Rahlita D. Thornton answered on Aug 9, 2019

If there is no order in place or other action pending then the mother has the right to get her child from the grandmother. She has to call the police and ask them to escort her to get child and inform the grandmother that she is coming to get her child if the father is not there. The mother does... Read more »

1 Answer | Asked in Family Law for Texas on

Q: How can I get verification or consent when the person is no where to be found.

Changed my sons name after birth did DNA of the real father and still cant get his name changed. Verification of consent from my ex husband who cannot be found I believe he lives in Texas it's been 15yrs.

Rahlita D. Thornton answered on Aug 9, 2019

Hire a private investigator to locate ex-husband. Then hire an attorney. You can hire attorney 1st if you like. Good luck. 888-343-4529.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on

Q: Can i do anything if my girlfriend's parents have guardianship over her. Will they have it since she has aspergers?

My girlfriend is 26 and has aspergers but lives in a abusive (domestic abuse) household. She has suffered this abuse since late elementary school from her parents, close family and so on. Now i want to help her move out but her mom demands that she can't and has threatened to call the police and... Read more »

Kiele Linroth Pace answered on Aug 6, 2019

I notice there are several practice areas flagged on this question. I will answer only with respect to Criminal Law and Domestic Violence. You'll need a Family Law attorney to answer the Guardianship issue ... and maybe also a therapist to figure out how you got emotionally invested in this... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on

Q: How long does it take to show on the Attorney General website that my backpay was signed off and no longer on CS

The mother of my child and I went down to the Attorney General office to sign off my backpay and to close the case because our daughter will live with me from now on so out of kindness she agreed to sign off my arrears and no longer wants to receive cs. It's been a week since we've both signed... Read more »

Rahlita D. Thornton answered on Aug 6, 2019

The Attorney General is the best entitiy to answer these questions. Contact their office.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on

Q: Child's father refusing contact before and after birth, what are my options?

My childs father disappeared after he found out that we had a child (even though we were trying and it was planned). He hasn't changed his mailing address and he is having all of his family refuses any contact with me. I honestly want him to just sign away his rights. I have been seeing someone who... Read more »

Rahlita D. Thornton answered on Aug 5, 2019

The father can certainly give up all of his rights if there is another ready and qualified to adopt. You’ve got a number of steps to follow and because of such you should consult an attorney to assist you. Good luck. 888-343-4529.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: I am wanting to file for divorce and obtain a temporary custody order. Is this something I can file on my own?

I have two children and want to make sure they are protected but I need to get the ball rolling as soon as I can.

Rahlita D. Thornton answered on Aug 5, 2019

You could file it on you own. However, you sound like there is a serious need for attorney involvement because you state that your children need “protection”. 888-343-4529.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Right of first refusal

My daughter is with her dad 7/1-7/31. We all live in Texas. He left my daughter with his wife and came back to Texas to go to work. Was he supposed to exercise right of first refusal?

Right of First Refusal

The parties have agreed and the Court therefore ORDERS if a parent is... Read more »

Jon R. Boyd answered on Jul 31, 2019

Thank you very much for including the language from your Order or Decree!!! Very few people think to include it and without it we cannot answer these kinds of questions.

I'm a bit confused, though, about the facts- you said "we all live in Texas" but then you said dad left his child and...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on

Q: I was seeing if someone is able to help with a appeal case

Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on

Q: Do I have to physically take my daughter back to her mother myself, or can I have my aunt take her.

My daughter is 9, her mother lives in kansas. Nothing in the divorce decree says anything about how she gets back as long as she gets back.

Rahlita D. Thornton answered on Jul 30, 2019

Read your order and see if it says a designated responsible adult can exchange.

1 Answer | Asked in Tax Law and Family Law for Texas on

Q: What is the tax implication for declaring common law marriage in back date in Texas, consider the following scenario?

I need to know with absolute certainty, supported by some legal precedents that, If I declare by filling a declaration of informal marriage with the county office as per the Texas Common Law Marriage some time in 2019 that we have been common law married since January of 2017 then, are we obligated... Read more »

D. Mathew Blackburn answered on Jul 29, 2019

For this level of inquiry you should hire a professional so that you have attorney client privilege.

Complying with your request exceeds that allowable by an attorney without potentially creating an attorney client relationship and is not appropriate for this forum.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: My children don’t want to see their mom do I have to make them

She signed a waiver not to be served and agreed to the final decree.The divorce decree says Visitation will be mutually agreed on in advance by the parties. Their is no court order Schedule. Despite this fact I have encouraged my children to see their mother but they tell me they don’t want to be... Read more »

Rahlita D. Thornton answered on Jul 28, 2019

Sounds like you don’t have any specifics in place upon your initial filing for divorce. In general both parents have rights to their children. Get temporary orders in place if you’re concerned.

2 Answers | Asked in Family Law and Probate for Texas on

Q: I have documents stating for me to wave my rights to my dad will that people r pressuring me an I'm the only air

My father was divorced to the lady who is wanting to be the the testament to his will

Terry Lynn Garrett answered on Jul 28, 2019

No one can force you to sign.

You may want to see a local probate lawyer.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: If I have a child support order with my ex and my children want to live with me can I keep them? We have joint custody

Rahlita D. Thornton answered on Jul 26, 2019

You can have them live with you primarily if your order is modified 1st to reflect such. Speak to a attorney regarding your desires.

1 Answer | Asked in Divorce and Family Law for Texas on

Q: Could we choose the previous marriage date if remarrying under common law after the divorce in Texas?

We were married overseas on July 08, 2007 and declared our marriage under the common law marriage as per Texas law on February 02, 2008.

we got divorced on September 16, 2015. After the divorce, we started living together as husband and wife again. Now, we want to declare, once again,... Read more »

Jon R. Boyd answered on Jul 24, 2019

Hi, interesting question and one I don't see every day!

No, you cannot go back to the previous date of marriage and nor would you want to, in my opinion.

Hope this helps. Thanks- Jon R Boyd

1 Answer | Asked in Contracts and Family Law for Texas on

Q: My grandmother got millions

The money is from our family and it was suppose to be equally divided

Tammy Lyn Wincott answered on Jul 24, 2019

You need to expand on your question. Is this a probate issue? If so, please ask under the probate section. If it is probate, was there a will, was it probated, etc.?

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.