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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live with the father of my kids and I want to leave and take my kids with me. I no longer feel like it’s safe for us.

Can I do that without his consent

Sharita Blacknall
Sharita Blacknall answered on Sep 27, 2020

Anyone in fear of the safety of themselves and their children must get themselves out of harm's way.

I suggest that if you do not have a court order in place already regarding custody, visitation, and financial support that you hire a lawyer as soon as possible to get one.

1 Answer | Asked in Family Law for Texas on
Q: do i have the right to have a court appointed lawyer for my open cps case? isnt that my right?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

If you are indigent then yes. The judge will determine that based upon an affidavit.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I’m Texas if a 14 year old wants to live with one parent, can he go before the judge to request it w/o involving lawyer
Ty Czapla
Ty Czapla answered on Sep 23, 2020

There has to be a custody suit filed and a motion for the judge to confer with the child. Technically, this can be done without a lawyer, but it would be difficult. The judge is required to consider the child's opinion, but it is only factor in the judge's decision.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Have court order for 2 hour weekly visitation Saturdays 2-4pm. Just told we, the custodial and courts cant force kids

Have been "allowed" facetime visits only since March due to Covid. Been Sundays 1230 - 230 but kids started to just hang up with no explanation after 15mn to an hour. Told them next visit will be 2pm - 4pm Saturday inperson wherever they want. Replied we couldnt force them to go or stay????

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Hire a lawyer to assist you with enforcing your custody rights. You may also want to consider getting a court order for family counseling to figure out why the children are resisting attending visitation.

1 Answer | Asked in Family Law for Texas on
Q: My parents have conservatorship of my daughter. I just took a nail drug test and passed. What steps do I take now?

After I got in some legal custody my parents took me to court and the judge gave them conservatorship of my daughter. It has been over a year and I have taken a nail drug test at their request. What do I do now?

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Consult with an attorney to see if a modification is likely at this time. There are a lot of factors to be considered other than the nail test result.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Our son,40 owns his home. His girlfriend of 1 yr, asks to move in to his house with 2 dogs. What are legal issues?

Our son, has bad allergies. He has a good computer job and works from his home. If he allows his girlfriend to move in, can he make her move out? What if he cannot get along with her and needs to end the relationship? What are legal issues?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 20, 2020

If son's girlfriend has no ownership interest in his house and is not on any lease agreement in connection with the house, he can have her evicted.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Is it my obligation as the non-custodial parent to report a change of income to the OAG?

I recently got a new job that pays substantially more. Is it my responsibility to have the child support amount increased?

I know a review to modify can be requested by the custodial parent whenever she wishes. I'm asking if I'm required to self-report that I make more money... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 11, 2020

The Texas Family Code does not require you to self report an increase in income.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Texas on
Q: My husband is on parole he ended up getting a misdemeanor charge in July it was no trespassing hab/shltr/suprfund/Infstr

He has motion to revoke parole & misdemeanor its non violent crime. Is there any motion or legal document I can help my husband with? What can I do to get the parole hold off him?? During this covid virus could that help him in his case 8th amendment??

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 11, 2020

Hire an attorney who focuses on parole work AND a criminal defense attorney for the trespassing case. Parole work is very different because it follows different rules so having one attorney who does both is not ideal. As they say, the jack of all trades is the master of none.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: I live in tarrant county if we don’t have any orders yet is the morality clause automatic?

My husband has had his girlfriend spend every weekend he has my kids we don’t have orders yet so he says there’s nothing I can do

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

If a lawsuit has been filed and Tarrant County has a Standing Order that applies to all pending family law cases, then the answer to your question can be found in the Standing Order. If no lawsuit has been filed, the answer to your question is likely no.

1 Answer | Asked in Family Law for Texas on
Q: S someone is on child support in the state of Texas can they put someone else on child support at the same time
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 5, 2020

This question is unclear. Are you asking if a second person can be required to pay child support for the same child?

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Im going to be receiving my dads pension check soon ..do I need to sign it an my lawyer too or what's my next step ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 3, 2020

If you have a lawyer, you need to ask her or him.

1 Answer | Asked in Family Law for Texas on
Q: my kids father is incarcerated and he wont get out until my kids are 18...can my kids get social security?

he doesn't pay child support either, he hasn't paid anything since 2014 i believe and the child support office closed my child support case regarding to the reason that the kids will be 18 or older when he gets out of jail.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 2, 2020

No.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: can a custodial parent leave to another state with child if a child support order exist, we are still married

my wife and i are separated and she moved from San Antonio TX to Henderson NV, she did not notify me that she was moving. I have not seen my son since April, because she has been using covid as a reason, but she sent my mother a letter that she left town along with photos of my son from trips she... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 2, 2020

If there is an Order in place authorizing you to have visitation, she cannot legally use the COVID crisis as a reason to deny you visitation. Also, if there is a geographic restriction on your son's residence, she may be in contempt for moving your son out of that area.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Cancel out my ex-husband's child support so he no longer has to pay

My son is almost 15 and his dad and I get along very well. Is there a way I can cancel out his child support to the attorney general so he no longer has to pay anymore? Or do I have to go through my attorney to do that? we have been divorced now for 8 years. Thank you

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 31, 2020

You could ask the Office of the Attorney General to create on Order Terminating Child Support and an Order Terminating Income Withholding. If the OAG does not do it for you, however, y'all will probably have to get an attorney to draft them for you.

2 Answers | Asked in Child Support and Family Law for Texas on
Q: If the non custodian parent filed for a modification on child support can he cancel it if it hasn't gone through yet?

If the non custodian parent filed for a modification due to being laid off and he got his job back can he cancel the request for a modification if it hasn't been established yet? It didn't help any to ask for a modification because it took forever and I got my job back before it was even modified.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 31, 2020

Yes, the Movant who filed the Motion to Modify can file a Notice of Non-Suit.

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