Texas Child Custody Legal Questions

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265 legal questions have been posted about child custody by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Texas Child Custody Questions & Legal Answers - Page 3
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Recent Legal Answers

Nephew and nieces parents are on drugs can I get custody

Answered 6 years and 8 months ago by Ms. Zoe Ann Meigs (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes. You should be able to get custody. You must allege that the children’s circumstances significantly impair their physical health or emotional well-being. Request that the court order the parents be tested for drugs. Hair or nail test. Before filing suit try first to convince the parents to allow the kids to live with you temporarily. Then when you go to court you have a stronger case for custody. Even without that, however, you should get the children out of that home. ... Read More
Yes. You should be able to get custody. You must allege that the children’s circumstances significantly impair their physical health or... Read More

Can a mom give up her rights to the dad through a notary?

Answered 6 years and 10 months ago by Ms. Zoe Ann Meigs (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A notary may be able to notarize the affidavit of relinquishment of parental righs, but that is the only thing a notary may do. Very specific language is required, and a notary is not qualified to advise you about the language in the affidavit.  This is a very technical area and most people require the representation of an attorney to do it correctly.  You will need to return to the court that made the orders in place now, and ask the court to termiante the rights of the mother.  Many courts will not agree to do that unless a step parent is simultaneousy petitioning the court to adopt the child, but I do not know what your court prefers in this regard.  The court makes the ultimate decision whether or not to terminate the mother's parental rights. IF the court does not make that order, then even if mom has signed an agreement, her rights are not termianted and her child support arrearage and obligation remain in place. The child support will not be automatically cancelled. The court order must state that the support obligation is terminated.  If the orders were done with the Office of Attorney General involved, most likely that office must also be involved in the suit and must approve whatever you are attempting to do with respect to the child support arrearage and child support obligation going forward.    ... Read More
A notary may be able to notarize the affidavit of relinquishment of parental righs, but that is the only thing a notary may do. Very specific... Read More
You would have to file for a modification and file a voluntary relinquishment of your parental rights. However, the court may not allow you to terminate your parental rights if there is not another person who would adopt your daughter. 
You would have to file for a modification and file a voluntary relinquishment of your parental rights. However, the court may not allow you to... Read More

How can my boyfriend sign his custody over to his sister?

Answered 7 years ago by attorney Renea Overstreet   |   2 Answers   |  Legal Topics: Child Custody
The father could sign a Non Parent Authorization for Care of Child. The form is at this link: https://texaslawhelp.org/article/authorization-nonparent-care-child It gives his sister authority to care of the child. If the sister has had the child for 6 months or more, she could file a suit affecting parent-child relationship, but that is a much longer process. ... Read More
The father could sign a Non Parent Authorization for Care of Child. The form is at this... Read More
In Texas, if you have children while you're married, your husband is the presumed father of the child. That means your husband will automatically be considered the father of the child. You would need a DNA test to prove otherwise. 
In Texas, if you have children while you're married, your husband is the presumed father of the child. That means your husband will automatically be... Read More

Can my ex husband force me to sign over my parental rights?

Answered 7 years ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Child Custody
Based on the information you providided, there is no basis for a petition to terminate your parental rights. It's likely that the petition filed is a petition to modify the previous order. He may be asking that the child live with him, but it's not likely that he's asking the court to terminate your parental rights.... Read More
Based on the information you providided, there is no basis for a petition to terminate your parental rights. It's likely that the petition filed is a... Read More
If he's paying child support and sees the child, it is not likely that the court would terminate his rights. A list of all the reasons a court may terminate parental rights can be found in Texas Family Code Section 161.001. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm
If he's paying child support and sees the child, it is not likely that the court would terminate his rights. A list of all the reasons a court may... Read More
You should start by going to CPS and see if they will agree that you completed the safety plan and should now have a possession schedule for your children. If you get CPS on your side, you'll have a better chance at getting a modification. Find out what your status is with CPS before you approach the court. If they will not testify in your favor, you will have a hard time getting a judge to modify whatever order is now in place.... Read More
You should start by going to CPS and see if they will agree that you completed the safety plan and should now have a possession schedule for your... Read More

How to Modify Custody with someone denying contact information?

Answered 7 years and 2 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Child Custody
If the father has moved out of the geographicly restricted area, then the restriction is lifted for you. Check your order and make sure it says hat the geographic restriction is lifted if the other parent no longer lives in the counties listed.  
If the father has moved out of the geographicly restricted area, then the restriction is lifted for you. Check your order and make sure it... Read More
If there are no court orders saying he is in lawful possession of your daughter, you could call the police to accompany you to pick up your daughter. If the police won't help you get her back, you may have to file in family court to get the judge to order that he return the child to you.
If there are no court orders saying he is in lawful possession of your daughter, you could call the police to accompany you to pick up your daughter.... Read More

My grandson has been living with me since April of 2018. Both parents signed a motorized agreeme

Answered 7 years and 2 months ago by Ms. Zoe Ann Meigs (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You may not move with the grandchild.  If what was signed was prepared in accordance with Texas law for an Authorization Agreement for a Nonparent Adult Caregiver, the agreement should contain terms regarding how it may be terminated.  If your daughter or the father of the child follow those terms to terminate the agreement, you no longer have rights under the affidavit.  The Authorization Agreement does not give you legal custody of the child.  Even if your daughter does not follow the terms of the agreement regarding terminating the agreement, in my opinion it is clear she no longer agrees to the terms of the agreement and you should act accordingly.  If there are court orders in place regarding your grandson, then the custody terms in  the court orders are in effect. The parents may revoke the consent they gave you when they signed an affidavit, and it sounds like your daughter no longer agrees to the arrangement.  If you want to obtain legal custody of your grandchild, then you must do so through a lawsuit in court. ... Read More
You may not move with the grandchild.  If what was signed was prepared in accordance with Texas law for an Authorization Agreement for a... Read More
You will need to get a court ordered possession schedule by filing for divorce and asking for a possession order.  You should request Temporary Orders and get a hearing set for Temporary Orders.  At the Temporary Order hearing you would either work out a schedule with your wife or, more likely, the court will order a schedule for you to have possession of your children.  Texas has a Standard Possession Order and an expanded Standard Possession Order.  You will have your children more overnights if you choose the expanded Standard Possession Order.  The court will want you to have appropriate living arrangements and beds for the girls.  When the possession schedule is in an order signed by the court, you need to follow it exactly as stated.  Pick up the girls on the day, at the time and place stated in the order.  Then if your wife does not comply you will be able to ask the court to enforce the possession order and hold your wife in contempt of court.  I wish you the best.... Read More
You will need to get a court ordered possession schedule by filing for divorce and asking for a possession order.  You should request... Read More

Do I need to bring proof of why I feel the other parent is unfit to the mediation?

Answered 7 years and 2 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Child Custody
You can tak anything you want to mediation. If the child has been living with you, it's not likely that a judge would switch custody and have the child live with the father. Also, you do not have to agree to a custody switch in mediation.
You can tak anything you want to mediation. If the child has been living with you, it's not likely that a judge would switch custody and have the... Read More

signing over custody

Answered 7 years and 3 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Child Custody
Did the court terminate the rights of the mother? Your mother can file for a modification based on the fact that the child has been in the possession of your mother for over 6 months. However, you need to know the status of the mother of the child in case she needs to get notice of the modification.... Read More
Did the court terminate the rights of the mother? Your mother can file for a modification based on the fact that the child has been in the possession... Read More
Most Texas orders also say that either parent may designate a competent adult to pick up or drop off the child. If the girlfriend is around your child, it's probably a good idea for you to get to know her.
Most Texas orders also say that either parent may designate a competent adult to pick up or drop off the child. If the girlfriend is around your... Read More

Custody paperwork needed

Answered 7 years and 5 months ago by Mr. Bradley Roger Gammell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If this arrangement is truly by agreement, one of you should hire an attorney to draft the terms.   You will still need to convince the judge that such an arrangement is in the best interests of the children.  In addition, you will need to file 2 differenct lawsuits, one of the divorce/custody of the child of the marriage, and a separate one for the other child.... Read More
If this arrangement is truly by agreement, one of you should hire an attorney to draft the terms.   You will still need to convince the... Read More
The best solution may be for you to file for a modification to get the geogrphic restriction lifted since you found work in Arizona. 
The best solution may be for you to file for a modification to get the geogrphic restriction lifted since you found work in Arizona. 

Can i obtain custody of my nephew?

Answered 7 years and 10 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Child Custody
It's not likely that you will be able to get custody of your nephew because the father has the advantage of the parental presumption. In Texas, the parental presumption presumes that a parent will make decisions that are in the best interest of the child. A better course of action may be to work with the father to help the child handle things better. Also, the child may be able to ask the dad to allow him to stay at your house more. How old was your nephew when your sister passed away?... Read More
It's not likely that you will be able to get custody of your nephew because the father has the advantage of the parental presumption. In Texas, the... Read More
A court determines custody issues so you would have to file either an original suit or a modification of your current order. If you want custody, you will have to prove to the judge that it would be in the best interest of the child to live with you. Also, if your son is over 12, he can let the judge know if he wants to live with you. That's one of the factors a judge considers in determining custody. Depending on what county and court you are in, a judge may order a custody evaluation as well.... Read More
A court determines custody issues so you would have to file either an original suit or a modification of your current order. If you want custody, you... Read More

If i dont know where my sons father lives and im trying to get sole custody how do they serve him? and what happens if they cant find him?

Answered 7 years and 11 months ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Abigail, the other parent must be served to notify him/her of the scheduled hearing. Where to find him? Try his work place, his friends contacts, his social media status, apps,  if all that fails, you can try to hire a private investigator to locate him (this may cost a lot of money ($300/hour) but if you truly can’t find him, on your scheduled hearing ask the judge to serve him by other means and move your case forward that way. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read More
Abigail, the other parent must be served to notify him/her of the scheduled hearing. Where to find him? Try his work place, his friends contacts, his... Read More
This link has the form you need: https://www.dfps.state.tx.us/site_map/forms.asp The mother has to sign in front of the notary.
This link has the form you need: https://www.dfps.state.tx.us/site_map/forms.asp The mother has to sign in front of the notary.
You are obligated to pay child support and provide medical insurance for the child. It doesn't matter whether your girlfriend is bipolar ow whether she paid any bills while you were with her. You also have a right to see your child.
You are obligated to pay child support and provide medical insurance for the child. It doesn't matter whether your girlfriend is bipolar ow whether... Read More
Michelle, thank you for posting an explicit situation. If the custodial parent does not agree to amend the current custody agreement, than she will need to prevent evidence as to why she is contesting. If the father requesting more parenting time, the court might grant that unless the mother can demonstrate that this would not be in the good benefit of the child. Your relationship to the child was not clear, which I don't think is relevant either. Anyhow, for what purpose will the father request changes in the custody arrangement and what new circumstances exists at that time will also play a factor. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More
Michelle, thank you for posting an explicit situation. If the custodial parent does not agree to amend the current custody agreement, than she will... Read More

What is the consequences when a daughter leaves mother and go to dads?If mother calls police what will happen?

Answered 8 years ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Zincere, your father will need to go to court to get permission from court. This way your mother won't have to call the police and the judge will ask you what do u want, with whom do you want to live with. Please have your dad call my office or Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read More
Zincere, your father will need to go to court to get permission from court. This way your mother won't have to call the police and the judge will ask... Read More

Seeking visitation for my niece.

Answered 8 years ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Hey Ashley, you do have rights to have visitation with the child, so you will need to contact a Child Custody Lawyer in Texas to start the litigation process. If baby sitters can get visitations, you can as well as you are a blood relative. Be prepared for attorney fees like $3,500 to $5,500 in the state of texas unless you decide to represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey but if you decide to represent yourself in court with family law paralegals taking care of the paper-work you can keep your expense at $1,500 or less. Looking forward to hearing from you.... Read More
Hey Ashley, you do have rights to have visitation with the child, so you will need to contact a Child Custody Lawyer in Texas to start the litigation... Read More