Get free answers to your Family Law legal questions from lawyers in your area.
I have been married for 5 years and have custody of our only child. My spouse, who is employed, has moved out, and I am currently unemployed. We have not filed for divorce or legal separation yet, and we only have a verbal agreement with no prenuptial agreement in place. Do I qualify for spousal... View More 
answered on Feb 18, 2025
Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More
I am involved in a child support case, and the other party's middle name is misspelled on the motion for hearing and motion for transfer. I've notified the relevant authorities, and they initially said it could be corrected before the final order. However, now they claim they will not... View More
answered on Feb 17, 2025
There is no legal prohibition regarding the length of a party's name on a pleading. It is best practice to ensure that the parties' names are 100% correct on all court papers filed in a matter. Sometimes, it may not be harmful, for example on an agreed motion to dismiss a civil lawsuit... View More
I'm in Texas, and my divorce decree states that my child's father is allowed day visits, but he has not yet visited our child. Recently, his text messages have been manipulative and argumentative, affecting my mood; there are no explicit requirements regarding communication in the decree.... View More
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answered on Feb 16, 2025
You may request relief from the court by filing a motion outlining your child’s father’s behavior and asking that all communication between you be conducted through a court-monitored app, such as AppClose or Our Family Wizard. These platforms ensure that all messages are recorded and accessible... View More
I have been representing myself in my divorce case. In November, the court determined that I was violent and I was given state-supervised visitation with my children until I completed an anger management course. After completing the course, I was supposed to receive standard possession. I submitted... View More
answered on Feb 14, 2025
I am sorry you are dealing with this issue with your children's school, but happy that your possession periods with your children are now unsupervised.
You should start with a copy of the following documents: 1) your current court order and 2) your Certificate of Completion of your... View More
jurisdiction. My case was dismissed due to the motion being misunderstood deeming it defective. I have file a motion for a new trial, it has not been signed yet. Since the statute of limitations is approaching, do I also file a motion to toll the statute of limitations? Or does it automatically... View More
answered on Feb 14, 2025
Your question is unclear and incomplete. There is no such thing as a motion to toll the statute of limitations. There are certain legal doctrines that may apply to avoid a statute of limitations defense or which postpone when the statute begins, but facts which may give rise to such are not... View More
His parents dropped him off and have excuse after excuse of why they cannot get him. At this point I do not want him with them because they cannot care for him but I do not know what my options are legally.
answered on Feb 28, 2025
The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;
(B)... View More
They refuse to speak to me because he is a legal adult but can't make medical decisions for himself.
What document do I need and can you help me attain it?
Thank you,
answered on Feb 10, 2025
If your son is not mentally competent to make medical decisions for himself, you will need to apply to be appointed as his legal guardian. This is not a matter of completing a simple form. Attorneys handling guardianship cases are required to have a special certification in addition to being a... View More
because I have been hiding from them because they are jarrassing me and I know my rights I don't have to talk to them and if they can't contact me within a certain. amount of time they gotta close the case right
answered on Feb 10, 2025
Not necessarily. DFPS may decide to pursue a suit for termination of your parental rights if it believes there are sufficient grounds to do so, even if a person who made false accusations later recants. The investigator may very well have discovered other facts apart from what the original person... View More
answered on Feb 10, 2025
You should use the "Find a Lawyer" feature to search for an attorney with experience in both family law and appellate law. The State is divided into 14 court of appeals districts so each district contains several counties. It is not uncommon for attorneys in certain parts of the State... View More
answered on Feb 7, 2025
To find a pro bono lawyer, contact a legal aid clinic near you. For example: https://legalaidtx.org/
Most legal aid clinics have experience handling that particular type of case. Most lawyers prefer to offer pro bono services through legal aid clinics because the clinic staff has... View More
Was told cocaine user cannot be present whirl my minor child visits but can I hire a PI to make sure cocaine user is not there during visit?
answered on Feb 7, 2025
If you have a court order, you must obey the court order unless and until it is modified.
Sometimes, a court will order that particular persons cannot be present during a parent’s time of possession if it thinks that other person poses a danger to the child. Sometimes—but not... View More
How can I prove that we are common law married? As she now wants to sell the home we purchased in March of 2021 where me and my daughter are still living. My name is not on the title…my name is on the deed of trust. I do not want my daughter and I to be removed from our home. My ex has been gone... View More
answered on Feb 7, 2025
To prove a common law marriage, you need evidence of each of the following:
1. An agreement between the parties to be presently married (i.e. not to get married in the future);
2. Living together as husband and wife after that agreement;
3. Publicly holding each other out... View More
How can I prove that my ex and I are common law married. We’ve lived together since 2013 to November of 2023? We have a 10 year old daughter together who lives with me til this day. My ex has been gone 15 months
answered on Feb 6, 2025
Offer evidence of the three elements required for a common law marriage to exist:
1). An agreement to be presently married,
2). Living together in Texas after that agreement was made as husband and wife (which it sounds like you have), and
3). Both spouses publicly holding... View More
This would include assault of a child, neglect of any type and sexual harassment
answered on Feb 3, 2025
If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.
If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.
These types... View More
FACILITY INFORMS YOU THAT CPS IS THE ONE THAT NEEDS TO FILE FORM AND EMAIL IT TO THEM. AND THAT CPS LADY KNOWS THAT HER HAVING INDIVIDUAL CALL IS NOT HOW THEY DO THINGS. THEN WHEN CALLING CPS TO INFORM HER OF WHAT I WAS TOLD. SHE TELLS ME THAT SHE SPOKE WITH "LADY A" SHE SAID FOR ME TO... View More
answered on Feb 3, 2025
You absolutely have the right to decline to submit yourself for a voluntary assessment. CPA would then be obliged to file a motion asking for a court-ordered substance abuse assessment and would have to present evidence warranting it. You would have the opportunity to argue against it and to... View More
If the totally Incapacitated Adult ward (Lives in Ohio) has possessory Conservatorship of minor child ( Child in Texas), does It extend to the Guardian
Do courts have to verify out of state Guardianship
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answered on Jan 30, 2025
Guardianship always needs to be verified. However, it depends on the petition if the Guardian actually has the right to file it. Not knowing what is in the petition makes answering this question really hard. You should contact a family attorney near you who is familiar with the Uniform Child... View More
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
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
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
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... View More
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?
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... View More
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
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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