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Texas Family Law Questions & Answers
3 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm trying to get full custody of my kids. father has been m.i.a for two weeks. how can i get a court date.

i've tried a few years ago for full custody. ended settling for joint. their father hasn't followed threw with any of his responsabilies since our last court date.

Johnathan Tracy Ball Esq.
Johnathan Tracy Ball Esq. answered on Sep 13, 2019

Your best option is to hire an attorney. You need to file a suit affecting the parent child relationship (SAPCR) and have father served. If you cannot locate him there are other methods for getting him served. As far as "full custody", Texas really does not have such a thing. There is joint... Read more »

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3 Answers | Asked in Family Law and Child Support for Texas on
Q: My ex husband pays me child support. 97.00 a week to be exact (which is nothing). He keeps telling our daughter to tell

Me to send my daughter with the child support money when she goes with him on the weekend. Is this legal ??? Am I missing something ?

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 12, 2019

This is ridiculous. Your child should not be getting harassed by her father about child support. He has no right to get the child support back. Ask him in writing to stop doing this. Good luck.

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1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can someone get out of going to prison on a second offence of family violence
William Jaksa
William Jaksa answered on Sep 11, 2019

Sure, if found not guilty at trial or the charges are dismissed. IF not either of those then sentencing ranges depend on what the Class of the assault was. Further, some up-front counselling programs and treatment that shows remorse or prospects of rehabilitation could take the possibility of... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I ensure a non custodial parent does not get visitation rights. They have a past with family violence.
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 11, 2019

You will need to petition the court with your request. Have your evidence spelled out then contact an attorney in your area.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I get my visitation when managing conservator refuses to answer calls, texts, and doesn't turn over child?

I have a current c/s, visitation order in Texas; I'm currently 1 month behind on c/s payments due to attending a fast course class (school). My son's mother is preventing me from seeing my son due to this. I have taken my court order to her house to pick him up and even asked police to meet me... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

Best recourse is to contact attorney since you have to meet very specific criteria to hold her accountable.

1 Answer | Asked in Family Law for Texas on
Q: How can i go about signing my rights over
Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 10, 2019

You need to consult with an attorney in your area so that you can understand the full ramifications of your desire. This is a serious endeavor and it is best done with an experienced attorney. Then you can proceed with your goals in mind.

1 Answer | Asked in Family Law for Texas on
Q: Guardianship questions my granddaughter

Adopted parents gave her back to me without any paperwork social security card or Birth Certificate.

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 7, 2019

What do you want to do now?

2 Answers | Asked in Family Law for Texas on
Q: I need help with a case involving family law. My children were taken by CPS in 2014. I want to fight to get them back.

My life has changed. My controlling abusive husband passed in May. Details left out of the case due to fear.

Rahlita D. Thornton
Rahlita D. Thornton answered on Sep 6, 2019

Consult a family law attorney in the county where the kids reside to pursue your requests. Good luck.

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1 Answer | Asked in Family Law for Texas on
Q: Fiancée got served an Enforcement for spousal maintenance. He needs representation but the ex took everything from him
Jon R. Boyd
Jon R. Boyd answered on Sep 5, 2019

I would be happy to discuss this with your fiancee if the case is in the DFW metroplex or surrounding counties, just have him call me at 972-737-8397. Thanks! - Jon R Boyd

1 Answer | Asked in Family Law for Texas on
Q: Can you have contractual alimony modified in certain life changing events ?
Jon R. Boyd
Jon R. Boyd answered on Sep 4, 2019

By agreement, yes.

There may be other defenses to the enforceability of the Contract, but it is "fact-centric" and dependent on a review of the agreement and the circumstances surrounding it.

2 Answers | Asked in Family Law for Texas on
Q: Need legal advise for family law pertaining to alimony and spousal maintenance
Elaine Brown
Elaine Brown answered on Sep 4, 2019

Texas allows for spousal maintenance in limited circumstances. The spouses must have been married for at least ten years and the spouse requesting maintenance must prove they cannot earn enough to meet their reasonable minimum needs, or the spouse requesting maintenance must have an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: The long distance visitation clause seems to only allow major carriers. Does this eliminate regional and commuters?

Family Code: "Flight Arrangements - IT IS ORDERED that PARENT Y shall make airline reservations for the child only on major commercial passenger airlines on flights having no change of airplanes between the airport of departure and the airport of final arrival (a "nonequipment change flight"). IT... Read more »

Jon R. Boyd
Jon R. Boyd answered on Sep 4, 2019

It means use Non Stop only. I don't think any court would say Regional carriers of major airlines couldn't be used, although you're right, that standard boilerplate language is arguably ambiguous. Safest bet would be to get the other parent to sign an agreement and you file it or, better yet, do an... Read more »

3 Answers | Asked in Family Law, Immigration Law, Child Custody and Child Support for Texas on
Q: I got a filipina pregnant in the Phillipines. Not married to her. Does she have any right to child support from me?

Can she get legal help to take my money since she is not a US citizen?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Sep 3, 2019

I couldn't say with regards to Philippines law, however I am assuming you will want to bring her to the USA and/or make your child a citizen. If so, please contact us. We can help with either or both.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How likely is it that an attorney can Subpoena the recorded phone call made to CPS and track who made the call?

Someone called CPS pretending to be ME and made false Accusations stating that my daughter was sexually abused....my question is how likely is it that an attorney can Subpoena the recorded phone call made to CPS and track who made the call?

Amir Tavakkoli
Amir Tavakkoli answered on Sep 3, 2019

Very unlikely. CPS records, specially the records of the initial call to report, are extremely confidential. Also, for a subpoena to be even available, there has to be an open case pending (note this is different than a CPS investigation which is not an open legal case).

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2 Answers | Asked in Criminal Law, Family Law and Sexual Harassment for Texas on
Q: Any advice or steps is appreciated. My 14 year old daughter was sexually assaulted by her ex boyfriend. i have a police
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 3, 2019

You could contact the District Attorney's Office and ask about applying for a Sexual Assault Protective Order based on chapter 7A of the Texas Code of Criminal Procedure.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Visitation on Thursday (2hrs) and his weekend for visitation starts the next day. Child is out of school Fri/Mon Holiday

This situation is in Texas and the father did not return the child after his 2 hr. visitation on Thursday and states he will return her on Monday after 6pm based on his determination of the agreement.

The Agreement states verbatim Below:

"Except as otherwise expressly provided in... Read more »

Jon R. Boyd
Jon R. Boyd answered on Aug 30, 2019

No.

I cannot say for sure because you didn't cite the next paragraph in the Order, but it USUALLY says he keeps the child until 6 pm Monday OR return to school the next day, ie, Tues.

No, but you could file a Motion for Enforcement to ask the court to punish him for violating the...
Read more »

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1 Answer | Asked in Family Law for Texas on
Q: I have a 2.5 year old daughter. I’m on her birth certificate, signed acknowledgment of paternity, have lived with her

Her entire life. She calls me daddy she is my daughter. She has my last name, been on my insurance the whole 9. Her mother took an a home DNA test saying I’m not the father. If that is true, can or will I lose all rights to my daughter. Mother says she wants boyfriend to adopt her.

Jon R. Boyd
Jon R. Boyd answered on Aug 28, 2019

By signing the AOP, you are the legal father, the same as though the child were born during a marriage between you and the mother. However, depending on the time frames in your case and other factors, it is possible either of you, the alleged bio father or someone in behalf of the child could... Read more »

2 Answers | Asked in Family Law and Child Support for Texas on
Q: I didnt know I was on child support until they took money out of my check. How can I find out what's going on.
Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 28, 2019

You probably were served by alternative methods. You should hire an attorney to investigate it. There are time deadlines for which you may need to meet expeditiously. Good luck.

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1 Answer | Asked in Family Law for Texas on
Q: I am in Texas. Is there a legal document that be obtained to prevent family intervention? Jim
Rahlita D. Thornton
Rahlita D. Thornton answered on Aug 27, 2019

There are remedies which are afforded depending on circumstances. But, the best interest of the child is the standard used in any determinations as it relates to the child. Consult an attorney if there are emergency situations involved. Good luck.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I have proof my wife is cheating I continue to pay everything he has threatened me can I prevent him from seeing my kid

My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a... Read more »

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