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Texas Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Why has my lawyer not disclosed pending aggravated domestic charge and previous epo against my wife in temp custody?

V

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids.... Read more »

Rick  Davis
Rick Davis answered on Apr 10, 2021

Under the Texas Family Code, you have to have "standing" in order to bring a lawsuit to get Court ordered possession of or access to children. "Standing" essentially means the right to bring the lawsuit. It can be very technical. You need to consult with an experienced family... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: If I never filed a report for family violence due to being scared to do so at the time am I still able to put in a PO?

I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.

Anyway, the primary issues for this type of...
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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the... Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My sister is in jail and I have her kids. Their dad is threatening to come pick them up. Do I have any legal rights?

I know he is not on one of the birth certificates but is on the other two.

Sharita Blacknall
Sharita Blacknall answered on Apr 7, 2021

If you do not have a court order giving you the right to the children you do not have legal rights.

Biological parents have a superior right to the children.

Below are some of the categories of people who can file for custody if they are not the biological parent. Please note that...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to meet my ex halfway during her designated summer weekends?

My ex and I meet half way on my weekends to see my son as it is stated in our MSA to do so on those weekends. However, My MSA states that during my designated summer time with him that my ex can designate 2 non consecutive weekends to have him. It states ""Conservator" may have... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 6, 2021

Thanks for your question! Unless you both negotiated and agreed to meet halfway somewhere else in the MSA, it doesn't appear like it's required.

I would reach out to a local family law attorney in your area (Burnet) so they can review the language of your MSA. Or, reach out to...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I file the same documents in separate counties?

I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: Filled 2019 jointly w/ ex +claimed her child as dependent, divorced in 2020 Do I have to give her the stimulus check?

What happens if I don't give her the 3rd stimulus check?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If the check is in her name and you don’t give it to her, you can face criminal charges and civil penalties. Unless your divorce decree awarded you her check, which it doesn’t sound like.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: My husband is in jail and I can't afford both car payments. Can I take our car to the dealer without his approval?

Both of our names are on the loans/cars. My husband is in jail for sexual abuse of my son and we are not allowed to speak, but I can't afford to pay all bills on my own and need some answers.

If I'm not able to do that until a divorce is finalized (because I will be filing for... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

No bank will refinance without his signature, and no dealer or private seller will buy the casr from you without his signature. Because he is listed on both the car and note.

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

My child’s father is not allowing me to see my daughter so I will be filing motion to enforce the order. Is he able to order drug & alcohol testing for ME to do at that court date (again, I am the one filing enforcement against him) or would he have to file separately outside of the... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes he can file any motion he wants. Whether the judge grants it is a separate story. You should get a lawyer to have the best chance to quash his request for drug testing if he tried.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What are my legal options, to ensure that our children remain healthy and unexposed to Covid?

I have attempted to work out a visitation arrangement with my ex-husband, who's other daughter who lives with him has tested positive for Covid, and he refuses to work with me. We do have a Standard Possession Order currently in place, but Mutual Agreement is also an option. I have asked that... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

To file for a modification and ask for emergency temporary orders.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Do I have right to say no for my wife kid from the previous marriage?

The kid was 16 yes old and we never get along so we both know that is not the best option.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

A: Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. This isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage

1 Answer | Asked in Family Law for Texas on
Q: Relief not granted at this time. One child is born before marriage, WOS is defective (third amended),

what does it mean when a judge deny an uncontested divorce for this reason. Relief not granted at this time. One child is born before marriage, WOS is defective (third amended), PO expired

in 2013 (this list is not all encompassing)

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

You have to amend your petition for divorce to include a request for establishment of paternity and request for dna testing on the child that was born before marriage (assuming there are no other court orders affecting that child, which is why the judge made this ruling). The dna testing... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Will a TRO say weather or not the child will be back to me or does it Clearly state what I can't do ?

We have paper work with how visitation goes but she Filed a TRO against me yesterday and says nothing about not returning the children

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Typically a TRO doesn’t address visitation rights. If it does, it’s wrong and needs to be corrected through proper motions. If the TRO doesn’t say anything about visitations, that is the correct way. And your most recent order regarding visitations is still in effect.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I'm paying child support as a non-custodial parent, in Texas, can I claim my children on my taxes?

I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a... Read more »

1 Answer | Asked in Family Law for Texas on
Q: How long can a judge take to have a judgment “in consideration”?

I won my case for a writ of habeas against my ex almost 1 month ago. The judge ruled in my favor and she had told me and my lawyer that she would take court/lawyer fees into consideration. Because I had asked that since my ex withheld my kids for almost 2 months and made me use money to get a... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

There is no deadline. You should submit and file a motion for a status conference, and set it for hearing. Or call the clerk and tell them to remind the judge to make a ruling on your case on the specific issue.

1 Answer | Asked in Family Law for Texas on
Q: My mom is almost 80 and her memory is deteriorating. How can I get a POA?
Teri A. Walter
Teri A. Walter answered on Apr 5, 2021

While your mother is lucid, you can have her sign the Power of Attorney form in front of a notary. The Texas form can be found here:

https://hhs.texas.gov/laws-regulations/forms/miscellaneous/sdpoa-statutory-durable-power-attorney

Be sure to read the instructions to know how to...
Read more »

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