Texas Child Custody Legal Questions

Your daughter has parental rights automatically; however, in order for the father to have any rights, he would have needed to sign an acknowledgment of paternity or otherwise have his rights adjudicated by a court unless the mother agrees to allow him to see the child. Basically, the father has to acknowledge or prove he is the father. Even with an acknowledgment of paternity, the father won't be able to enforce any of his rights without a court order. As grandparents, you don't have any rights as to the child at this point. In Texas, it is presumed that the parents will make decisions that are in the best interest of the child. Your daughter and the father are the ones who have the responsibility of making decisions concerning their child. If you want to have rights granted to you as grandparents, you would need a Court Order. However, that would likely put you in an adverse position to your daughter. (There may also be some issues under the law concerning an 18 year old having sex with a 14 or 15 year old.)... Read More

Lawyers are usually only licensed in one state.  If the court in her state has jurisdiction, you need a lawyer who is licensed in your ex's state.  It may be difficult to find a lawyer in your state who is allowed to practice in the court that has jurisdiction. You should consider hiring an attorney who practices in your ex's state in the county of the court.  That attorney would appear in person for the hearing, and you would appear by phone.  It is, however, always best to make the effort and spend the money to appear in person if at all possible.  Best of luck.... Read More

You will need to file for a modification so that your ex-husband's income can be evaluated for an increase. Are you able to find out how much money he makes now? It doesn't matter that his mother is paying it, child support will be based on his income and he will be ordered to pay. It's okay that his mother is paying, but none of her information will be used to determine an increase. ... Read More

You should probably seek a change in the final orders so that the child stays in your house. If the child has lived with you for more than 6 months, you have standing to do so. Does the judge know where the child lives now? Was it brought out in Court that you have been taking care of the child?... Read More

I don't know about the law in Pennsylvania, but in Texas, because you are the child's mother, you may pick up your child anytime you want and keep your child as long as there are no court orders concerning where the child is supposed to live. However, you should make sure that you have a good living situation for the child. Your mother may file documents with a Court asking that the child stay with her because that's where the child has been all this time. In Texas, the Court will consider what is in the best interest of the child. You need to make sure that you can show that living with you is in the best interest of the child.... Read More

First, you don't need your husband's written permission to take your children out of state. His verbal agreement should be enough if you are on friendly terms. However, you need to be living in the state of Texas to file in the state of Texas. If you're moving out of state, you may want to file for divorce before you move. Texas is a community property state and you are likely entitled to more here than you would be elsewhere.... Read More

If there are no current orders in place, you can leave whenever you want and go wherever you want. If he filed suit, you could request DNA testing to prove paternity. If you can prove he is abusive, if he files suit, you can show why it is in the best interest of the children for you to be far away from him. The most important thing is for the children and you to be safe.... Read More

Whether you get the under 3 years old schedule will likely be determined by the Court. Some judge's don't like the schedule and will order the standard schedule. It really depends on the judge and his or her views on the possession schedule. Since the child is so young, the argument that the father doesn't see the child much may not be a good argument. It's best to just face the fact that dad has rights to possession because he's the dad.  On another note, has there been DNA testing?... Read More

If there is an enforcement for child support, it would have to be addressed. You could file an enforcement for your possession schedule, but you would have to hire a lawyer to do so. You could try to file an enforcement yourself by using the forms available at www.texaslawhelp.org You should see your child whether you pay child support or not. ... Read More