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Texas Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I have a child support/custody case through Denton County, TX. The custodial parent hasnt been allowing me to see my son

I have a non disclosure due to violence - Denton County stated they couldn't do anything besides allowing him custody since he filed first even after i showed proof of violence. After 3 yrs of separation, he states since he doesn't see us as married we aren't (but argued about... View More

John Michael Frick
John Michael Frick
answered on Jan 24, 2025

A lawyer with experience in family law is who can help you fix it. As with anything else, such a lawyer will expect to be paid for his/her services at the usual and customary rate for the time it takes to fix it. Just like a plumber is going to want to be paid to help you fix your plumbing or an... View More

1 Answer | Asked in Family Law for Texas on
Q: What is the best way to file for a child custody order?

My daughter has just separated from her boyfriend and they have one child together. Every time they get into a disagreement he uses their child as leverage and kicks her out telling her she can't take the child with her. He has verbally admitted to putting his hands on her to a family member... View More

John Michael Frick
John Michael Frick
answered on Jan 24, 2025

Tell your daughter to hire an attorney who practices in "family law" or "child custody" (which is really a subset of family law) in or near the county where the parties live.

Your daughter can seek temporary orders, including temporary child support, during the...
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1 Answer | Asked in Family Law for Texas on
Q: Looking for an attorney to explore options for an alcoholic adult son who lives with me. He has associated mental issues

that have grown in the past two months. He talks of harming himself. His anger is confrontational to the point I am very uncomfortable. I believe he needs mental evaluation and probable involuntary treatment. What area(s) of law practice would this situation apply?

John Michael Frick
John Michael Frick
answered on Jan 24, 2025

https://www.texasbar.com/AM/Template.cfm?Section=Free_Legal_Information2&Template=/CM/ContentDisplay.cfm&ContentID=30801

The linked brochure explains the involuntary commitment process in Texas.

This is a highly specialized and rare area of practice. Your chance of finding...
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3 Answers | Asked in Estate Planning, Family Law, Military Law and Probate for Texas on
Q: My children's father recently passed away and we need to know if he had a will. How can we find out?

He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More

James Clifton
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James Clifton
answered on Jan 22, 2025

Unfortunately, there is no way to locate a will without knowing where the deceased kept it. There is no requirement to report wills prior to the death and no way to locate the attorney who may have a copy without a lead. However, keep an eye on the records in the county where he lived for a probate... View More

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3 Answers | Asked in Estate Planning, Family Law, Military Law and Probate for Texas on
Q: My children's father recently passed away and we need to know if he had a will. How can we find out?

He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2025

I would add don't forget to check with the DoD and with any institution holding financial assets to determine if he named any of his children as beneficiaries. This type of asset usually passes outside of probate to the beneficiary designated on the account.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can ncp win custody from another state if i never get served papers? Will I lose custody after having the kids for years

Recently divorce share custody of my son with ex husband who has never come down to see my son has only sent $20 dollars in a span of 3 years that we were separated. Now that we are divorce he's only paid another $20 towards what he already owes in child support. He lives in another state and... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Normally, under the UCCJA (Uniform Child Custody Jurisdiction Act), the state that is the "home state" of the children for the preceding six months has jurisdiction over child custody determinations concerning the children. If your children have lived with you for the past three years,... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Texas on
Q: I need a lawyer asap I was served divorce child custody papers on the 17th my court date is tomorrow 1/22

I don't know what to do I don't have much money

Steven Buitron
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Steven Buitron pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Appear in court as scheduled and tell the judge that you were just served on the 17th and haven't had time to retain an attorney. In many cases, the judge will re-set the hearing to allow you time to hire one. Your case is most likely set for a Temporary Orders hearing, so you should prepare... View More

1 Answer | Asked in Family Law for Texas on
Q: Can I terminate parental rights of my ex husband who is in prison for sexual assault of our children
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 20, 2025

I'm sooo sorry that you and your children experienced this. Yes, you can terminate your ex husband's parental rights on those grounds. The Texas Family Code specifically allows for you to seek termination if a parent has been convicted of a criminal offense for sexual abuse.

You...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: what can I do? If my former spouse had me served at a different location and had somebody sign my paperwork

I did not know about my court date due to the fact she had me serve somewhere else now they say now they put me on back child support and she moved and won’t give me her address to see my kids

John Michael Frick
John Michael Frick
answered on Jan 20, 2025

It depends on the status of the court proceeding and, if a judgment has been signed, how long it has been since the judgment was signed and when you first acquired actual knowledge that a signed order was entered against you.

You need to obtain your court records (most of which are...
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

You can not sign for your ex-wife, without her permission, or authority.

If you are seeking a modification of your mortgage with the same lender as when you bought the house with your wife, you need to go back to the divorce court for a modified Divorce Decree. Otherwise, you should be...
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Unless your Decree ordered your ex-wife to sign a deed conveying title to you (which would normally be a special warranty deed, not a quit claim deed), you can't have your ex-wife held in contempt for not doing something she was not ordered to do. If your decree contains a boilerplate... View More

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: I want to sell my portion of my mom's house she passed away last year my sisters name is on half the property how

Do I do that my sister is trying to take over the house but she is trying to sell it out from under us my mom put her name on the deed with her to be responsible they went in and tore every thing out of the house me and my brother want to sell my mom's half what do I need to do there was no... View More

James Clifton
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James Clifton
answered on Jan 8, 2025

It depends on how the deed with your mother and sister on it was written. If they were on the deed as joint tenants with right of survivorship, you do not have any interest in the property as it would have passed entirely to your sister at the time of your mother's death. If they were on the... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Child custody when we live 3 miles apart.

when petitioning for divorce i was unaware of sole custody orders versus joint custody. Can this be modified prior to finalizing the divorce?

John Michael Frick
John Michael Frick
answered on Jan 7, 2025

A party can freely amend a petition for divorce up to seven days before trial unless another pleading deadline has been set by the court in a written order. While joint managing conservatorship is presumed to be in the best interests of the child, the court has the authority to award sole managing... View More

1 Answer | Asked in Family Law and Identity Theft for Texas on
Q: My mom died in Springfield Illinois in 1998 at age 58. Bro bought house 2007 and mom is showing as resident. How and Why

She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: In my divorce decree it states I have to pay for my child’s transportation back home. If her mom is driving how does th

This work. Do I just pay a portion of the gas?

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I sue Dfps if my child broke his arm while under their care?

My kids have been in cps custody for a year. They let the kids ride horses including my autistic son. The saddle on the horse was loose which caused him to slip off and break his arm. They never asked my permission and didn't tell me for like 2 days.

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

If your parental right to sue on behalf of your child has not been terminated, you can theoretically sue on behalf of your child.

But I would caution you that you may not have a valid cause of action even in the best of circumstances. You will need to gather together the medical expenses...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
PREMIUM
James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

No a house is not always split equally in divorce proceedings. The entire marital estate of the spouses is divided in a manner that is “just and right.” The spouse’s home is part of that process. If there are sufficient other assets, the home can be awarded in its entirety to one spouse,... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.

He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

1 Answer | Asked in Family Law and Divorce for Texas on
Q: wife left house with 3 children she might leave state of texas no court orders are in place what do I need to do?

She left while I was at work w/o my knowledge.

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

Your best option is to file for divorce and seek temporary orders. Bexar County has issued standing orders for divorce cases which would preclude your wife from removing the children from the State of Texas for purposes of changing their domicile. Without filing for divorce, your wife can move to... View More

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