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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband is planning to tank my credit.

My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.

In a divorce, if the house is community property, the...
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1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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1 Answer | Asked in Elder Law and Family Law for Texas on
Q: As Power of Attorney for my mother, am I liable for charges for her stay in a nursing home?
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.

While a POA might authorize you to write a check from your mother's bank...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If ex-husband does not provide vehicle title to me as stated in divorce decree, can he be held responsible for my costs?

He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Hi, I am looking for a way to adopt my grandson I have full custody of him. I am looking for bro lawyer
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Many family law attorneys handle adoption cases. Assuming your grandson's parents are dead, an adoption proceeding should be relatively simple. If either parent is still living, it becomes a little more complicated if the living parent(s) is agreeable to the adoption. If there is one or... View More

2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is not legal for your aunt to confiscate property that you purchased and paid for with your own money, simply because you are 18 years old. Here are several reasons why:

1. You are legally an adult at 18 and have a right to own and protect your own property. Your aunt cannot treat...
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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

If you are 18 in Texas, property you bought typically belongs to you. However, when a person is not mentally competent, another competent adult can be appointed as the guardian of that person and their property. It is not unusual for a minor to have a guardian, but the guardianship ends when they... View More

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Is It possible to change first, middle, and surname as well as a gender marker?

I am 18 years old, still a dependent of my parents, have no criminal record and simply want to have a separate identity from my family and my dead name.

James L. Arrasmith
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answered on Feb 1, 2024

Yes, it is possible to change your first, middle, and last name, as well as your gender marker, in Texas, even if you are 18 years old and a dependent of your parents. The process involves legal steps and may require court approval for name changes. Here's what you can consider:

Name...
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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Texas, as in other states, the agreement to claim a child on taxes alternating years is a common arrangement. However, the requirement to split the tax return or any refund with the other parent is not automatically implied by this agreement and typically must be specified in your custody or... View More

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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Unless and until modified by a court order, you should continue to follow the prior agreed order that you each claim the child every other year.

The facts you have stated in your question may be relevant in a suit to modify the prior agreed order. But until a judge signs a new order,...
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the requirements to meet Common Law Marriage in the state of Texas?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

1. There must be an agreement between the parties to be married;

2. After the agreement, the parties must live together in Texas as spouses; and

3. The parties must represent to others in Texas that they are married.

Alternatively, the parties may file a written...
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1 Answer | Asked in Estate Planning, Family Law, Adoption and Probate for Texas on
Q: My uncle adopted me as his son in 2008 in Turkey. And he was a US Citizen. Now he passed away and his wife kicked me out

J

Isaac Shutt
Isaac Shutt
answered on Jan 28, 2024

Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.

If your father had a valid last will and testament, it's possible he gave...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

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

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a 3 year old son whose biological father is not on his birth certificate.

Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test... View More

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

You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive... View More

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