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 8
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Recent Legal Answers

How do I go about filing a petition for primary conservatorship of my daughter?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to check with the District Clerk to see if he really "rescinded the order" . If the case the case was really dismissed then you are free to leave and once you have been in another state for six months then you can start a case there. If he files before then you will have to fight him here, but the chances of a residency restriction are less if you are already gone. If the case here is still active and a default order has been entered then you need to hire a lawyer right away to overturn that order.... Read More
You need to check with the District Clerk to see if he really "rescinded the order" . If the case the case was really dismissed then you are free to... Read More

Can I obtain a copy of my husband's medical records if he is addicted to prescription medication?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes once you are in a contested case you can obtain his medical and psychological records.
Yes once you are in a contested case you can obtain his medical and psychological records.

Will the visiting parent automatically get custody if the parent with full custody dies?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Generally speaking a biological parent has priority for custody of a child. From the question it appears that there were some kind of court orders in place regarding parenting time. If there are no such orders then the surviving parent should consider an action with the family law court to obtain the custody of their biological child. Consult with an experienced family law attorney for help in this matter.... Read More
Generally speaking a biological parent has priority for custody of a child. From the question it appears that there were some kind of court orders... Read More

How much and how long would it take for a parent to file a motion to travel with her sons?

Answered 12 years and a month ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Motions are probably $1000 minimum.
Motions are probably $1000 minimum.

Can I get visitation if I had drug related issues before but I have cleaned up now?

Answered 12 years and a month ago by Eric K Johnson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Yes, you can. No guarantees, but the odds favor you, if you're clean and aren't afraid to be tested to prove it, and you're willing to "work your way up" to a regular parent-time schedule.
Yes, you can. No guarantees, but the odds favor you, if you're clean and aren't afraid to be tested to prove it, and you're willing to "work your... Read More

Can a prenuptial agreement determine terms for child custody?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes but the court is not bound by that agreement later if one proves the circumstances have changed.
Yes but the court is not bound by that agreement later if one proves the circumstances have changed.

How do I modify my current visitation if Iโ€™m the non-custodial parent?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No need to change the order. Just let her know that you will not be using all your time, and tell her what the new times will be. Child support should not change unless you are making a lot more money.
No need to change the order. Just let her know that you will not be using all your time, and tell her what the new times will be. Child support... Read More

What should I need to do in order to move my children with me from non-custodial parent?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Read your order. The procedure is spelled out precisely.
Read your order. The procedure is spelled out precisely.

Can he be made to pay legal fees if parent is in violation of custody papers, and putting kids in danger?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Maybe. If they don't have the money, I wouldn't count on collecting. If she is violating the custody order, you might get her held in contempt. However, I would talk with an attorney first because your "proof" may not be enough to satisfy the court.
Maybe. If they don't have the money, I wouldn't count on collecting. If she is violating the custody order, you might get her held in contempt. ... Read More

How can he ask for DNA testing if the child lives in another country?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Puerto Rico is subject to U.S. law. I would imagine that what he should do is hire an attorney down there and file to determine paternity and have the court order the DNA test.
Puerto Rico is subject to U.S. law. I would imagine that what he should do is hire an attorney down there and file to determine paternity and have... Read More

Would the child support be null and void if the non-custodial parent died or gave up the parental rights?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
She cannot give up her rights with out notice to you. Your consent would be required. Check to see if she has died. Another possibility may be that she has gone on social security disability.
She cannot give up her rights with out notice to you. Your consent would be required. Check to see if she has died. Another possibility may be that... Read More

What are my rights to demand my child back from my in-laws who have guardianship of her?

Answered 12 years and a month ago by James Morgan Chandler (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
If they have guardianship, you would have to go to court and request a change of guardians.
If they have guardianship, you would have to go to court and request a change of guardians.

What are my chances in court on getting full custody of my daughter?

Answered 12 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
First, the judge will order her to return the child. Since she does not live in the state, you will have primary custody. Given what the mother has done, it is possible the judge will only give her supervised visitation in the future. But you need to go to court and ask for her to be held in contempt now, not 3 months from now.... Read More
First, the judge will order her to return the child. Since she does not live in the state, you will have primary custody. Given what the mother has... Read More

If my son is 2 years old and we just moved, how do I file for child support if his father lives in a different state?

Answered 12 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
See an attorney, if you just moved the new state may not have jurisdiction.
See an attorney, if you just moved the new state may not have jurisdiction.

Can he take the children from me if I move in with another guy?

Answered 12 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Go to a women's counseling center and understand what issues you may have personally. You need to provide for the children and if you cannot do it on your own, then you have to get child support from the father. Unless of course you want CPS to take them away from you. File immediately for custody and child support and don't worry about the man who apparently doesn't care that he is a father and has obligations to his children. If nothing else, talk with a local attorney about your options.... Read More
Go to a women's counseling center and understand what issues you may have personally. You need to provide for the children and if you cannot do it... Read More

Can he take the children from me if I move in with another guy?

Answered 12 years and 2 months ago by Frances An (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
No, he cannot take the children from you just because you move in with another guy. Only if the other guy is a child molester, or has a bad criminal record. If he is an okay guy, you are ok.
No, he cannot take the children from you just because you move in with another guy. Only if the other guy is a child molester, or has a bad criminal... Read More
At a minimum he will have to be served. Ideally, he will do whatever your state requires to terminate his rights voluntarily. If he won't do it voluntarily, it appears that he has abandoned his daughter.
At a minimum he will have to be served. Ideally, he will do whatever your state requires to terminate his rights voluntarily. If he won't do it... Read More

Can I get custody of my 16 year old sister?

Answered 12 years and 2 months ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
As her sibling you should be able to file in Texas to get custody of her.
As her sibling you should be able to file in Texas to get custody of her.

Will I be able to take him back for additional support if I have lost my second job?

Answered 12 years and 2 months ago by Mr. James Paul Peterson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes because circumstances have materially changed you may take him back to court right away, and get the full amount.
Yes because circumstances have materially changed you may take him back to court right away, and get the full amount.

What do I do if my husband is forcing me to have an abortion or we will divorce and he will take my daughter from me?

Answered 12 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Look, you won't know what will happen until it happens. You may lose your daughter, you may not. But as long as you stay married to the bum, you will never be happy. The best thing you can do is file for divorce and use his own actions against him. You need to talk with a local divorce attorney now.... Read More
Look, you won't know what will happen until it happens. You may lose your daughter, you may not. But as long as you stay married to the bum, you... Read More