Lawyers, Answer Questions  & Get Points Log In
Texas Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I’m a father lived in texas won custody them I moved to Virginia and boys mother took me too court again and I won in

Virginia too now we have moved back to texas been here for almost a year and they want me to go back to Virginia for a appeal but I lived in Virginia and the boys mom never resides in Virginia she resides in Washington state so neither one of us is even in Virginia didn’t get served so do I need... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 19, 2022

If you didn't get served, how do you know that there is an appeal in Virginia?

Either way, if no party resides in Virginia, you would need to file a motion to transfer the case to Texas. However, until the case is transferred, the Virginia court can still make a ruling in the case....
Read more »

3 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: What does M RVK/ASSLT FHM IMP B CIR stand for?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

My guess is: Motion to Revoke / Assault Family or Household Member, Impeding Breath or Circulation.

Unfortunately, there is no standard set of abbreviations and the only way to be 100% certain is to ask the office responsible for it... all anyone else can do is guess. The attorneys...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I started a Harris County Civil Family SAPCR case to get my child back. Can I cancel or postpone the court date?

My sister is abusive and lies a lot and people believe her. We had a mediated agreement in Travis County, I'm pro se, he attorney moved the case to Harris County, where she lives, and then my dad died, and she never even told me, and all of my pro se advocate help is overwhelmed due to Covid,... Read more »

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

You can file a Motion for Continuance to postpone the court date and the court will issue you another court date. Your sister can agree with the continuance without court interference. If she doesn't agree to the continuance, you would need to get a court date and ask the Judge to grant you a... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it required to let the other parent know of change of residence within 60 or 90 days before move?

What if I need to move before 60 days? Is that not allowed? I just found out I have to move and it needs to be done before that amount of time. I did not see any statement on papers Indicating when I have to let the other parent know.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If there is not a geographical restriction in your court order, preventing you from changing the primary residence of the child without further orders from the court or without the other parent's consent, then typically court orders require the primary parent to notify the other parent of a... Read more »

1 Answer | Asked in Family Law for Texas on
Q: How do I go about moving out of state with my child due to husband's work and haveing joint custody?

I have primary custody and my papers say I am allowed to determine primary residence without reguard to geographical location. Im not sure how I am supposed to go about it or if he is able to stop me in any way.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If your court orders state that you have the "exclusive right to designate the primary residence without regard to geographical location", you are allowed to move your child's primary residence (within or outside of the State) without further permission from the court.

You...
Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Immigration Law for Texas on
Q: Hi. I’m a lawful permanent resident. I’m in Texas and currently needing advise with regards to divorce/child support.

I’m a lawful perm resident. I came along with my two minor kids to usa on a k1/k2 visa. My husband signed both ai-134 and I 864.We also had a child during our marriage who is now 3.He moved out after we experienced ongoing issues regarding abuse towards myself and my children.We have been... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 12, 2022

More information is needed, perhaps, but this is likely more of a divorce question than immigration. You are a lawful permanent resident, not a conditional resident, correct? You should file for citizenship by naturalization, since you seem to have been a lawful permanent resident/conditional... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I got a divorce in Massachusetts, I did not ask for child support at the time. Can I ask now?

I now live in Texas, and I’m Active duty Coast Guard. My daughter is 6 years old. I have her for school year and the father gets her for holiday days summer. He does not pay child support at this time. And he refuses to help pay for day care. Occasionally he sends money for clothing.

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

Yes, you can. You could file a suit to modify your current court order and request child support. You should first register your current court order in the county where the child resides.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My two month old had been taken without my permission and not brought back yet or heard from

Without permission or knowledge or any contact for almost 24 hours

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

I'm sorry to hear that your child has been taken. My first question is, "taken by whom"??

If taken by the other parent, that parent may be within their right to have possession of the child. If there is not a court order in place regarding the child, the law is that both...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: I'm looking for low income lawyer to help me. My father passed in September and his widow will not give me keys

There has been no will produced.

Can you help me with a lawyer ??

Teri A. Walter
Teri A. Walter answered on Jan 6, 2022

Keys to what? A house, a car, a safe, a boat, a crypto-currency account? Is the item you want keys to yours, or was it your father's? If there's no will, you need to look at the rules of intestate succession to determine who has rights to what property. In order to take any action on... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I need help interpreting the section on geographic restrictions in my divorce decree/custody agreement. (names removed)

It states: IT IS ORDERED that the primary residence of the child shall be within 100 miles of the residence of Respondent, and the parties shall not remove the child from within 100miles of the residence of Respondent for the purpose of changing the primary residence of the child until this... Read more »

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

This language means that if Mom is the who the child primarily lives with, then she cannot move with the child more than 100 miles of where Dad currently lives (this presumes that Mom and Dad currently live less than 100 miles from each other). If Mom chooses to move the child's residence,... Read more »

1 Answer | Asked in Family Law for Texas on
Q: In Texas can a family law case be dismissed If the plaintiff files it in the wrong county?

My ex has sued Me for custody of our daughter but has filed in the incorrect county. Although our divorce was finalized in Montgomery county Texas and order was issued granting the transfer to Harris County giving them jurisdiction over the case in 2016. I know that the motion to transfer must be... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 27, 2021

Your question is somewhat unclear. However, if the case was validly transferred from Montgomery County to Harris County, then the proper venue to file for any future court proceedings regarding the child is in Harris County.

1 Answer | Asked in Family Law for Texas on
Q: Father left the country

When my daughter was 13 the ex (father) left the country and never paid child support. This has been about 10 years ago. Can he be charged for abandoning or any other charges even tho she was left in my care? He has returned to the States last year.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 27, 2021

If there is not a court order requiring him to pay child support, then there is nothing for him to be "charged" with. It's unfortunate that he just abandoned his child, but his hasn't committed any crime.

If there IS a court order requiring him to pay child support,...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Can I assign guardianship of my adopted child to biological mom if she voluntarily signed away parental rights?

Child was placed in CPS care at birth. Biological father’s rights were taken by court. Biological mother voluntarily signed them away. I adopted the child, who is biologically my nephew. Mom is now stable and able to care for child. This is in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 27, 2021

This is a multi-layered question that poses more questions; which could result in different legal answers depending on how the questions are answered. I would strongly suggest you seek legal counsel to get a more accurate answer to your question.

I'm not sure what the reason is for...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: Does a written agreement void the court ordered one?

My daughters father and I made written agreement so he got her on Christmas this year which he was not suppose to and he is now trying to back track and say per the court ordered agreement he gets her on the 28th through Sunday, however that was not part of the new written agreement we had come up... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 27, 2021

I'm sorry that you are having to deal with this situation. The parties can agree to whatever possession schedule that they would like. Absent an agreement, the court order is the default. However, a written agreement does not void the court order.

The fact that you and your...
Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: DNA test was done to prove child dna, but the bio-father did not sign the birth certificate does he still have rights?

DNA testing done on the Maury show, he was provenn to be the father.

He wants visitation, and custody rights but the mother is very controlling and only allows him to see daughter when she sees fit.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 20, 2021

The biological father does have parental rights to the child. If Mother is not allowing him to see his child, then he should get a court order that establishes some custody or visitation rights.

I hope this helps. Good luck.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I'm the non-custodial parent. I have my child on every Thursday during Regular School Term. Does Christmas Break count?

I'm the non-custodial parent and I have possession of my child every Thursday from 6pm to 8pm during the regular school term. Does this mean I have my child on the Thursdays during Christmas Break?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 16, 2021

If you have a standard order, then you do NOT have your child on the Thursday during Christmas break. The Christmas Vacation possession schedule supercedes the Thursday possession period.

I hope this information helps.

1 Answer | Asked in Family Law for Texas on
Q: Can I request sole custody since my kids dad was absent for six years and just now starting to get them?

He hasn’t been involved in their lives the entire time and has never been concerned or interested in any decision making. I had no contact with him for 6 years. Just 2 months ago he just now started getting them. He will not allow me to get their passport. They can’t play sports because he will... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 14, 2021

Based on your reasons provided, it doesn't appear you have the legal grounds to ask for sole managing conservatorship (sole custody) of your children. However, you can file to modify your existing court order and see if the Judge will insert language that requires Father to take the children... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can the CP change the time and location of pick up from the order and NCP have to abide? Can this be a denial?

NCP wants to stick by the order as it was just modified Jan. 2021 and the CP has a history of denial. Can the CP just change this agreement? If NCP sticks by the order can this be documented as denial?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Dec 12, 2021

If the court order states that CP and NCP are supposed to exchange the child at a certain location at a certain time, then the only way that can be changed (without another court order) is by agreement of the parties. It takes two people to agree. So, if NCP doesn't want to change the... 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.