Texas Child Custody Legal Questions

If there is a court case pending regarding your child, then you need to get involved in it.  You may file what is called a Petition to Intervene.  If there is not a court case, then you need to start one.  If you signed an acknowledgement of paternity or have been adjudicated to be the father, and CPS has written notice of your current address, they should be providing you notice in the proceedings.  There may even be an attorney who was appointed to represent your interests if CPS has alleged they could not find you.  You need to act quickly to obtain a copy of the court orders and be sure that you are a party in the case.... Read More

The processs you would go through to get your daughter back depends on a number of things. On of the most important factors is why you gave your daughter to the church members in the first place. Technically, you could just pick up your daughter at any time. However, if your child has been with the church members for more than 6 months, they could file suit to keep the child. A court would consider the child's age, how long the child has been with them, your current stability, whether you pass a drug test (including marijuana), and other factors. If you are not able to get your child back right now, you should ask for regular visits with the child, even if they are supervised by the church members. You want to show that you have been consistently trying to be in your child's life.... Read More

You should research the court records to find out if anything has been filed. If she has filed a petition, you should file an answer and counterpetition. If she has not filed a petition, you could file one. In any event, you should participate in the process to protect your rights concerning your child. You do not have to do anything until there is a court order. If you give her any documents, be sure to give her copies unless she needs the original for some reason. ... Read More

Your first step is to try to have a conversation with the children's mother to let her know your concerns. You need to ask her to fix the problem. If she does not fix the problem, then start a modification suit.  You need to try to gather some evidence other than what the kids say. For example, police records for their address or the step dad's former address. Also any criminal record. If he has been involved with the family court before then research those cases to see if there is any mention of family violence. You may also want to get a counselor involved, preferably one who will testify if you need her to. Let your kids know you hear them and believe them.  Do not, however, involve them in the details of the suit      ... Read More

You have to participate in the court process to get your daughter back. Is the court case currently open? If so, you need to file into the case and let the judge know what you want. If you can't afford a lawyer, you may be able to get one through Legal Aid. If you can't get a lawyer through legal aid, go to www.texaslawhelp.org and follow the instructions about what to file. They have forms you can use to file as a pro se, meaning you are filing for yourself without a lawyer.... Read More

The Texas Supreme Court issued Misc. Docket No. 20-9043 earlier this week.  To summarize, it says that for the purposes of who has the right to possession of the children, the parties are required to follow the regularly scheduled spring vacation schedule.  You can find a copy of the order if you type "Texas Misc. Docket No. 20-9043" in a web brouser.... Read More

The Texas Supreme Court issued Misc. Docket No. 20-9043 earlier this week.  To summarize, it says that for the purposes of who has the right to possession of the children, the parties are required to follow the regularly scheduled spring vacation schedule.  You can find a copy of the order if you type "Texas Misc. Docket No. 20-9043" in a web brouser.... Read More

Whether daycare qualifies as "school" will be determined by the specific language of your order.  Assuming that the order does not define daycare as school, the fact that your daughter is enrolled in daycare should not affect your summer possession (or, indeed, any other period of possessession).   To enforce the provisions of your order, you may need to file a writ of habeas corpus or a motion to enforce.... Read More

The short answer is "it depends."  There are many facts an attorney would have to evaluate to give you an answer to this question. You did not mention what your final order says about visititation and access. You also did not mention whether or not you even have an order. Another factor is the age of your daughter or who linked the suicide attempt to an abusive relationship with the mother. If your child is being abused by the mother and you can prove it, then you may be faced with choosing between conflicting court orders. You could be putting your daughter at risk in knowingly releasing her back into her mother's care or you could be violating a possession order. In short, this is a very complicated issue and one you will not be able to navigate this sucessfully without counsel. I suggest you make an appointment with an attorney as soon as possible.  ... Read More

Your son needs to file a suit affecting parent-child relationship to obtain Court ordered visitation rights. I suggest he pay an attorney for a initial consultation to understand his rights and legal options. Most attorneys offer a discount for the initial consultation and it wll be worth every penny for your son to understand his rights. ... Read More

First, you need to register with the Texas Paternity Registry.  You can easily find the necessary forms online with a simple internet search.  Please make sure you are on the .gov page to download the "Notice of Intent to Claim Paternity" form and follow instructions to file it with Texas Department of Health and Human Services.  Then, you need to hire a family law attorney to protect your parental rights and secure access to your child. If you are in the DFW area, then our office would be happy to represent you. ... Read More

Without additional facts, it is almost impossible to estimate the likelihood of the court allowing you to move.  The overriding consideration is "the best interests of the child."   You will have to file a motion to modify the custody order.  Although there isn't a single determinative factor, the court will look at whether dad has exercised all or most of his periods of possession, whether he is current on child support, the age of your child, do name just a few.   Of course, if you and Dad reach an agreement regarding lifting or changing the geographic restriction, then you could enter the agreed modification.  At a minimum, you will probably want to talk to an attorney in your county about your options.  It may be beneficial to talk to one who has experience with military issues.... Read More

In Texas the obligor (person paying child support) is responsible for the cost of health and dental insurance for the children.  If the modification is silent regarding terms, then the terms of the original order still apply.  Dad will need to provide health insurance per the terms of the original order.... Read More

You may contact law enforcement if the grandmother trespasses.  You should remove her from any list she may be on of suitable persons to pick up your son at day care or school.  I do not think you will be able to get a restraining order against her since she is not a party to your suit.  When my clients tell me they do not want someone contacting them, I tell the client to make the changes on his or her end.  Block her on your cell phone.  Don't respond to her texts or email.   Please be aware, however, that after her son is in prison for three months or more, Grandma may bring a suit for possession and access to her grandson. She has the burden to prove that denying her access to her grandson would signifcantly impair the child's physical health or emotional well-being.  The court may grant specific possession periods to grandma if she meets this burden.  ... Read More

I suggest you try to get the order modified so that the father is not allowed unsupervised possession.  Most parents are named joint managing conservators, but the father's  disability may be a reason why he should not be granted the rights to make important decisions regarding your daughter.  It sounds like even his parents could be a witness to the father's inability to care for your daughter. You need to deal with both the conservatorship (custody) and the possession order. ... Read More

There is a provision in Chapter 152.204 of the Texas Family Code entitled "Temporary Emergency Jurisdiction."  Your pleading would be a Petition for the Court to take Emergency Jurisdiction. You must allege that the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse if returned to Minnesota.  You will need to have the father served with the filed petition and set a hearing in the Texas court.  You also need to complete and file a UCCJEA affidavit, which is referenced in Section 152.209 of the Texas Family Code.  That affidavit lists where and with whom the children have lived in the past five years. Overall though, getting the Texas court to take 'permanent" jurisdiction is likely to be decided by the Minnesota court because the father still resides in Minnesota.  This should give you a start.  I have no idea if there are "forms" available for this area of the law.  There are not forms for every type of suit. ... Read More

The mother is in violation of the court order if she does not turn over the daughter at the time and place stated in the order at the beginning of any of your husband's possession periods stated in their court order.  He should continue to try to get his daughtet on the day, at the time and at the place stated in the order. He should also keep a record and provide proof he was at the right place on the right day at the right time.  If the mother persists in failing to provide the child, then your husband may file a suit to enforce the possession terms that she has violated.  Their court order may provide that he must notify the mother if he begins to reside with a person who has a certain criminal history or protective order, but a violation of that provision should not normally be a block to the parent exercising possession.  In the event your criminal record involves something serious and relatively recent, your husband may have to fight for his possession periods in a modification suit.  Perhaps if you and your husband arrange  to meet the mother without the daughter present, you will be able to put the mother's mind at ease about you being around her daughter. ... Read More

If you want to prevent Mom from taking your daughter to live in Seattle either temporarily or permanently, check your order for a restriction that states the mother may not move your daughter out of the State. That provision will be enforced if you take the Mother to court to enforce it with a Petition to Enforce the geographic restriction.   You could also file a Petition to Modify the court orders and request primary custody of your daughter.   If there is no restriction in the court order and you do not want to request custody, then your recourse will be to wait until after the mother has failed to turn over daughter at the time and place the order states you are supposed to be able to get your daughter at the beginning of your possession periods.  This is a highly technical type of suit for which most people need an attorney's help. My concern is that this is a time when both Mother and daughter need you to be flexible and understanding.  You are not, of course, required to do that.  If you do not think it is in your daughter's best interest to be the caregiver for her mother in this situation, or for your daughter to be taken out of her school, then you may have grounds for a custody change.  Maybe you would want to compromise and offer to take care of your daughter here but to pay for her to fly up to see her mom a couple times.  On the other hand, maybe you could consider visting your daughter in Seattle while she is there with her mother.  While you may miss some of your visits, you will still have an opportunity to spend time with your daughter, and both she and her mother will likely appreciate the efforts and expense you go to in order to accomodate mom's serious illness.... Read More

If you bring a suit in the county where you and the children have been living prior to the move, and request that the mother be ordered to return the children to Texas, the court is likely to order that the children be returned.  You may want to request primary custody of the children.  It is a policy of the State of Texas that both parens should be involved in raising the children.  In the State's view, raising a child who lives in another part of the country or State is not as good as the situation where the parents and the children all reside in the same county or set of counties.  Do not delay in bringing suit, or you may lose some rights as the mother and children establish residence in the other state. ... Read More

Your husband could file divorce in the county where he resides and request that the court order that you return to your former county of residence.  I have seen this happen even after the mother has established housing, schooling and a job in the new community.  The State of Texas has a policy that both parents should have an opportunity to care for the children and be in the children's lives so long as they do not neglect or hurt the children.  If your husband brings such a suit, you could present the information about his failure to support you.  You should ask the court to order that your husband pay child support, temporary spousal support and help defray your rent.  Of course if your husband has no job or funds then that won't help.  Husband's inability to support you back in the home county will make the court heed your argument that you moved in order to provide a better situation for the children and a better job for yourself. ... Read More

As a blood relative of the children, you likely have the right to bring a suit (standing) for custody of the children. You need to file it in the court that made the current orders, if any.  If the Mom has cleaned up and is now taking good care of the children, then you do not have a good chance of getting the kids.  If on the other hand Mom is doing drugs, you have a better chance of getting the kids. You will need to allege and then prove that the children's present circumstances necessitate a court order changing custody because the present circumstances would significantly impair the child's physical health or emotional development.  You should bring the suit as soon as possible.  Standing for blood relatives is given in Texas Family Code Section 102.004.... Read More

If the father consents in writing to your plan you may allow your sister to care for your child. Dad is superior in the right to spend time with his child over your sister. Texas has a procedure and form to do what you want to do, but both parents must be on board. The law also requires you to obtain the consent of the court that issued the order of custody. In addition you may risk custody if you allow your daughter to live with anyone other than you for six or more months. ... Read More

i The court will look at the facts about where your daughter has spent her time. If Dad offers proof that she has spent more time with him, he will use that to support his custody argument. I’m sure Dad considers that his child’s home is with him as well as with you. I strongly suggest you consult and hire an attorney if you do not want to lose primary. ... Read More

Either or both parents may have custody. If you point out to the court that father uses drugs and request a drug test - usually at your expense— the father won’t be given conservatorship or a possession schedule if his hair or nails are positive for illegal drugs. Your lack of a job should only be temporary. So long as you provide a good safe home and care for your child, joblessness is not fatal to a custody case. ... Read More