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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 5, 2022

If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I have a cps case that I need help with from a pri bono lawyer because I have no momey
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 28, 2022

If you are a parent of the child and cannot afford a lawyer, you can request that the Court appoint you a lawyer in a CPS case.

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: I need to see my Father's will..I was granted 20 Acres at 34.2 w 2.20e on Howard county. How is the best way to get it.

My siblings are trying to keep the land, saying I won't be able to make the taxes.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Obtain a copy from the clerk of the probate court where your father's will is being probated.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a criminal trespassing on the custodial parent how can i pick up my daughter on my weekend and days?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 26, 2022

Modify the order and meet at police station or a public place like McDonald's .

1 Answer | Asked in Family Law for Texas on
Q: if my dad makes the money but my parents are married, can my mom take away my things even tho it’s my dads money?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 24, 2022

Your mom can take away your things. It does not matter who bought them.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.

Are you concerned about your child's...
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1 Answer | Asked in Family Law and Probate for Texas on
Q: What kind of attorney do I need in order to file a probate proceeding on my late husband's estate?

My late husband's death certificate is incorrect and needs to be amended in order for me to collect the rest of his estate.

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You need a probate attorney to file a probate proceeding.

You do not need a probate attorney to correct his death certificate. You can fill out the form and pay the fee. See the following link: https://www.dshs.texas.gov/vs/doc/Texas-Death-Certificate-Change.pdf

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Joint custody after out of state move.

Last year a California Court ordered a joint 50/50 custody "agreement" for our child. I have since moved to another state and am currently waiting on the next mediation and subsequent custody hearing this fall. In the meanwhile I would like our child to go to school with me in the new... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

It depends on the language of your custody agreement or order. It is typical for there to be a geographic restriction, but that is not always the case. It is typical for there to be language addressing the rights of each parent with respect to education. It may give one parent the sole right to... Read more »

2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 18, 2022

You can sign a waiver of prosecution .

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2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: My husband an I live with my father in law. Can my husband make me move out? Or can he put my stuff on the curb?

We have been legally married for almost 11 yrs but we have both been incarcerated during this time. He actually spent 7.5 yrs of the 11 incarcerated then I was incarcerated 18 when he first got out. He says we're separated an he can do what he wants but we have been living together again... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 18, 2022

His father can evict you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 13, 2022

The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can you do when you receive a late modification notice “ATTY Citation IV-D”

Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 10, 2022

You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the... Read more »

3 Answers | Asked in Child Support and Family Law for Texas on
Q: “The situation is appearing in court for a Motion for Enforcement and suit of Modification of Support Order”

My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.

Sharita Blacknall
Sharita Blacknall
answered on Sep 8, 2022

If you can afford an attorney you should get one. Enforcements and modifications are very technical. An experienced attorney will be able to help you navigate, prepare, strategize, and execute a plan based on your goals for the situation.

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2 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.
Isaac Shutt
Isaac Shutt
answered on Sep 4, 2022

It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."

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1 Answer | Asked in Family Law for Texas on
Q: Can my mom not give me a room

We’re moving into a new place and we’re broke so she’s going to get us a place that only has lofts for our beds Im a 15 yo girl and this would leave me with absolutely no privacy

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

You mom is doing the best that she can. You can buy room dividers pretty cheap. Work hard in school you will be 18 soon and can go to college.

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Im the primary parent according to my divorce decree, ex wife is trying to change that. Need to defend my self

Per my divorce decree, i have joint conservatorship of my daughter, with me being deemed as the 'primary parent". My ex is trying to change that saying that and filed a motion with the court saying she needs to be the primary parent, due to our child's school grades are not good.... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

The terms for conservatorship, possession of or access to a child can be changed if the circumstances of the child, or of either parent have materially and substantially changed since the rendition of your divorce decree and the requested modification is in the best interest of the child.|... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can i request a de novo hearing on line
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 1, 2022

You cannot request a de novo hearing online. You must file a proper request with the court.

Also, a request for a de novo hearing must be filed no later than three (3) days after the Judge's ruling or is not considered timely filed and your request could get denied.

I hope...
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