Texas Child Custody Legal Questions

Only a judge can change your possession schedule. If the mother denies you access to your children under a court order, you can file for an enforcement. If your child is really allergic to the cat, you could take steps to keep the cat away from the child when you have possession. You may have to board the cat during that time or confine the cat to a certain room or let the cat stay with a friend when you have the children. If something gets filed in court, you don't want to appear that you put the cat before your child who is allergic to the cat.... Read Answer

If the biological mother showed up one day to try to take the child, you could refuse to let the child go but you would have to immediately file a modification with the Court and ask that they order counseling before allowing the child to go with the biological mother.  You could also file for your wife to adopt the child. This would mean terminating the rights of the biological mother, but you may have grounds to do so if she has been away for three years, not seen the child and has not paid child support. An attorney would have to closely evaluate the facts of your case to know whether filing for termination and adoption is a good option for you.... Read Answer

If you have temporary orders through the court, were they ever finalized? If not, the case may have been dismissed without final orders being in place. Also, if you gave up possession of the child, you may have to file suit to request possession. On the other hand, the grandmother may make an agreement for you to take the child back. How old is the child?... Read Answer

Your order likely includes a clause that says you can designate a competent adult to pick up your child for your possession time. That should allow your family the opportunity to spend time with your child. If you send a competent adult to pick up the child and the mother does not allow the child to go, that could be grounds for you to file an enforcement. In some counties, you have to make sure to have the person show up at the exact right time and day. However, the mother does not have the right to prevent a competent adult from picking up the child for you.... Read Answer

The child support guidelines provide for a reduction for children not before the court, exactly as you describe. You can move to modify your child support order yourself or through hiring your own attorney or you may be able to get the child support office with the attorney general to work with you on a modification.... Read Answer

The court will require a determination of parentage (either a written acknowledgment of paternity by the father or a genetic test). Under the facts you describe, back support might not be awarded, but it is in the alleged father's best interest to be engaged in the proceeding and ideally have an attorney.... Read Answer

Look at the language of your child support order. It may include language that the children's residence is limited to your current county or the court and contiguous (touching) counties. However, if that language is not in the order, then you are free to move the children where you see fit - just give the court and the attorney general's office timely notice of your new address. Be aware, however, that doing this without the father's consent may encourage him to seek a modification of the order that DOES include geographically restrictive language.... Read Answer

The name on the birth certificate has little legal significance. If you apply for any state benefits for your child, the attorney general will try to seek out the biological father and get him on the hook for support in order to reimburse the state. In any case, your child deserves the support of 2 parents, relationship with both, and knowledge of both parents for medical history.... Read Answer

I'm not entirely sure what you mean by modified child support, but will assume this means you intend to pay something other than the statutory guidelines for some reason or another. I'd advise you to ensure that your parenting plan includes health insurance, visitation, whether or not there will be joint conservators or sole conservator ship of the child, and that the terms of whatever support provision are clearly laid out, including under what circumstances the support should terminate. Check with your county's district clerk website. It will likely have helpful information for pro se filers like yourself. If you're in doubt, schedule a consultation with a local attorney just to make sure you have crossed every T and dotted every "I".... Read Answer

A child needs to be at least 12 years of age to speak with a judge in his/her chambers regarding where the child would like to live. Additionally, even though the judge may allow the child to speak privately about this matter, this does not conclusively determine where the child will live or who will have managing conservatorship.... Read Answer

Under Texas law if there is no custody order in place then parents share equal rights to the child. This is of course assuming that the father has legally acknowledged the child in some form accepted by state law. You need to hire a local family lawyer to help you file an Original SAPCR that will provide for the visitation, support, and custody of the child. It is possible that you can prove that he should receive supervised visitation with the child if he has a drinking problem or demand that he does not drink alcoholic beverages 8 hours before receiving the child into his care.... Read Answer

No, you would not have to pay future child support but you also give up any rights as the legally recognized father as well. Additionally, a Texas family law judge will generally not allow you to terminate parental rights unless another man who is fit to be the father is willing to step in your shoes as the legal guardian of the child.... Read Answer