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 7
Do you have any Texas Child Custody questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 265 previously answered Texas Child Custody questions.

Recent Legal Answers

If mother is in prison and father has custody, does he continue to pay child support?

Answered 11 years and 9 months ago by Reshard Juquin Alexander (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends. He will have to pay child support until the family court rules otherwise. The father needs to hire a local family lawyer to make sure he has managing conservatorship (custody) and that the child support is terminated.
It depends. He will have to pay child support until the family court rules otherwise. The father needs to hire a local family lawyer to make sure he... Read More

When can we start the adoption process and how would we go about it?

Answered 11 years and 10 months ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
When you get back to the States then start the process.
When you get back to the States then start the process.

What are the steps I need to take to find my daughter?

Answered 11 years and 10 months ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A lawyer should be able to find her, and serve her with papers to appear in court. Once you prove her violation of the order then you should get attorney fees and make up visitation.
A lawyer should be able to find her, and serve her with papers to appear in court. Once you prove her violation of the order then you should get... Read More

How can I change custody to sole custody?

Answered 11 years and 10 months ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You may file a motion to lift the residency restriction if the specific move you intend is in the best interest of the children. It helps your case a lot that he has skipped so much visitation
You may file a motion to lift the residency restriction if the specific move you intend is in the best interest of the children. It helps your case a... Read More

Does the father have rights to placement if the unwed custodial mother is in jail and what is the statue if he does?

Answered 11 years and 11 months ago by Tina Marie Fox (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Yes, you do have the right to petition the court for custody, unless, you have been prohibited in the past from doing so.
Yes, you do have the right to petition the court for custody, unless, you have been prohibited in the past from doing so.

What are my rights so I can tell my Dad about my abusive life with my Mom?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your dad can file a motion to modify and get temporary orders allowing you to live with him right away. Three days notice must be given to your mom before the hearing. At the hearing you will talk to the judge privately and if the judge agrees that it is in your best interest you will get to go live with your dad and your mom will pay a little in child support. Call your dad and have him hire a lawyer right away.... Read More
Your dad can file a motion to modify and get temporary orders allowing you to live with him right away. Three days notice must be given to your mom... Read More

How do you put the father's name on the birth certificate?

Answered 12 years ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You could have signed the affidavit of paternity when the child was born (I'm assuming you're not married to the mother). Washington doesn't have custody as such. If what you mean is that the child lives with you the majority of time, it must be without a court order, which gives you no rights at all. Only a court order can make you the legal father of the child. If such and order was granted, placing the child with you, the order should have also given instructions to amend the birth certificate. If it didn't you can go back to court and ask the court to order that. If the child is living with you without any orders, you need to file a parentage action to make it all legal by getting the birth certificate amended, getting a parenting plan and a child support order. Without the parenting plan, the mother can take the child any time she wants, since in the eyes of the law you are not the father.... Read More
You could have signed the affidavit of paternity when the child was born (I'm assuming you're not married to the mother). Washington doesn't have... Read More

How can I get child support back that has been paid, after disestablishing parentage?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Your best chance to pursue this goal is to address it at the final hearing when paternity is recognized by the court. Your pleadings should have already requested this relief. When non-paternity is recognized by the judge, that is the time to demand reimbursement terms be put in the final order.... Read More
Your best chance to pursue this goal is to address it at the final hearing when paternity is recognized by the court. Your pleadings should have... Read More

Is it possible for me to have full custody of my child while still being married?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
If you want a court order granting you physical custody of your child before you move, you will need to initiate a divorce and ask the court for temporary physical custody while the divorce is pending. You will still be married but also be granted full custody rights.
If you want a court order granting you physical custody of your child before you move, you will need to initiate a divorce and ask the court for... Read More

How can I add my name to child's birth certificate?

Answered 12 years ago by Matthew Eugene Ludt (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
A lot of your question depends on how long the child has lived in Florida. If its been less than 6 months chances are that Maine still has jurisdiction. If Maine law is anything like Minnesota law it would be a matter of asking the court to amend the paternity order to direct that your name is added to the birth certificate. From there you'd have to transfer the Maine court order to Washington state for a Washington court to direct its vital statistics agency to amend the birth certificate. However you should consult an experienced attorney about why you think you need your name on the child's birth certificate as your goals may be more easily achieved by a manner other than amending the birth certificate.... Read More
A lot of your question depends on how long the child has lived in Florida. If its been less than 6 months chances are that Maine still has... Read More

Can I move to another state with my kids even without their fatherโ€™s consent?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes you may move.
Yes you may move.

Will I be able to get custody over my kids if their dad is in prison?

Answered 12 years ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The divorce probably already gave you custody.Read your decree of divorce.
The divorce probably already gave you custody.Read your decree of divorce.

What can I do if my ex spouse claims she's moving 1500 miles away with my daughter in August?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
In Arizona there is a statute that provides for what must occur if a parent wishes to relocate a child more than 100 miles. Here is a link to that statute, Arizona Revised Statutes section 25-408: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS You should consult with an experienced Arizona Family law attorney to discuss what you should do.... Read More
In Arizona there is a statute that provides for what must occur if a parent wishes to relocate a child more than 100 miles. Here is a link to that... Read More

Does legal guardianship papers guarantee guardianship if papers are legally correct?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It need not be in a will.
It need not be in a will.

How long can I keep my son from his farther until someone above tells me I have to let him see my son?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
If you are not married to the father, you only have to let the child see him if there is a court order to do so. If there is a risk of the father fleeing to Mexico with the child, go to court, get a proper order, including one that has you have control of the passport and prohibits the father from taking the child out of the jurisdiction. Then write to homeland security, send a copy of the order and he will be put on a list so he can't take the child out of the country.... Read More
If you are not married to the father, you only have to let the child see him if there is a court order to do so. If there is a risk of the father... Read More

If a woman is saying that her 10-year-old son is my husband's, can my husband be forced to take a paternity test?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Yes, if the court orders it.
Yes, if the court orders it.

If I am married and have a baby can I move out of the state with the baby?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
If there are no court orders in place then generally speaking you are free to move with the child. However, there is a six month period where the child's father could file a petition in the jurisdiction where he is, asking the court there to enter orders about legal decision making (custody) and parenting time. Before making a move you should consult with an experienced Arizona family law attorney in your area.... Read More
If there are no court orders in place then generally speaking you are free to move with the child. However, there is a six month period where the... Read More

If I am married and have a baby can I move out of the state with the baby?

Answered 12 years and a month ago by James Timothy Weiner (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
As long as the court does not have any jurisdiction (e.g. a divorce has not been filed) then yes.
As long as the court does not have any jurisdiction (e.g. a divorce has not been filed) then yes.

If I am married and have a baby can I move out of the state with the baby?

Answered 12 years and a month ago by Helene Ellenbogen (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Is the father on the birth certificate or has a court entered any order? If so, you must give written notice and he has a chance to object. If not, nothing keeps you from moving.
Is the father on the birth certificate or has a court entered any order? If so, you must give written notice and he has a chance to object. If not,... Read More

Which date should be followed for child visitation?

Answered 12 years and a month ago by Loren Paul Zahn (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Child Custody
It should say in your order. If it doesn't, you will need to either come to a mutual agreement moving forward (and put it in writing) or go back to the court to clarify the order.
It should say in your order. If it doesn't, you will need to either come to a mutual agreement moving forward (and put it in writing) or go back to... Read More

How do we go about starting stepfather adoption process?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes you will need a lawyer. His rights can be terminated voluntarily by him signing an affidavit prepared by the attorney. If he refuses to sign his rights can be terminated due to his failure to register his paternity with the state paternity registry. That is the easiest way, but there are other ways too. A social study by a court approved social worker is also a prerequisite to the adoption. The process should take about two months.... Read More
Yes you will need a lawyer. His rights can be terminated voluntarily by him signing an affidavit prepared by the attorney. If he refuses to sign his... Read More