Texas Family Legal Questions

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459 legal questions have been posted about family law 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 adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Texas Family Questions & Legal Answers - Page 4
Do you have any Texas Family questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 459 previously answered Texas Family questions.

Recent Legal Answers

Supposedly we agreed to joint custody

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Sorry to hear what happened. Most likely they may have put it down in the settlement agreement for divorce as part of the child custody under child support. If your income is not enough to be making those payments, you can request the court to modify this amount and we can also try to negotiate with your ex-wife regarding either dropping this amount completely or negotiate a more favorable deal. We can certainly assist you. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in TX.... Read More
Sorry to hear what happened. Most likely they may have put it down in the settlement agreement for divorce as part of the child custody under child... Read More

minor name change without other parents consent

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Family Law is such a complex and stressful field of work that you have to deal with people who don't contribute to the positive side of their kid's life instead become spiteful. You can definitely pursue name change through the court as it would be the only way. He may use the defense that he is the father and he wants the child the last names to remain the same. If he hires a lawyer, he will ask for a modification in the visitation to spend more time with the kids. That is a possibility and not to scare and discourage you from doing what you want to. Just remember if you are doing this yourself, you should be competent and understanding towards the other parent and make good decisions so that it doesn't backfire on you costing so much more than just the last name. We can certainly assist you as this is not very complex and we do this all the time. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in TX.... Read More
Family Law is such a complex and stressful field of work that you have to deal with people who don't contribute to the positive side of their kid's... Read More

Can husband make me move out of house we lease

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Hey Katie, sorry to hear what you are going through. Are you guys also considering divorce and separation or is this just a temporary situation? If your husband fails to pay the half of his portion, then you should put in the remainder and pay the rent, instead of having to lose out on the apartment and being evicted. Eviction will go on your personal records if the landlord has both of your socials. He legally and technically can not just get your name removed, unless he and the landlord go into some shady agreements on your back, which would be thinking the worst case scenario. Which I don't think is what will or might happen. Anyway, you are legally married, and your name is on the lease. Like I tell all our clients, whoever has a problem should be the one to leave and find a new place. You already have a place to live so keep it, and see if he does decide to abandon you, you need to be prepared to make the ends meet as well. Also, if you have been married for a significant amount of time, you may qualify for alimony. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Family Law Attorney in Texas... Read More
Hey Katie, sorry to hear what you are going through. Are you guys also considering divorce and separation or is this just a temporary situation?... Read More

Is there any court orders to impose on repeated runaways?

Answered 8 years and 2 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
One of the best options would be to send him to disciplinary camps. Please contact a local attorney. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Texas. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Texas.... Read More
One of the best options would be to send him to disciplinary camps. Please contact a local attorney. Please keep in mind that not all lawyers are... Read More

I would like a partial refund from our lawyer

Answered 8 years and 3 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You should communicate with your lawyer to understand why he did what he did. Usually, attorneys do not refund clients so I highly doubt that your attorney will issue you a refund for it. He might have the excuse that he has to charge you for his service because he has spent time and energy on the case. Making phone calls, and etc. So I highly doubt that you will get your money back. What you can do is look for an affordable attorney that would be easy to work with you. Please call my office when you have time and I will go over the case details with you to see if there is anything I can do to help you. ... Read More
You should communicate with your lawyer to understand why he did what he did. Usually, attorneys do not refund clients so I highly doubt that your... Read More

Temp order

Answered 8 years and 3 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
You could pick up your daughter and then file for a modification if you're concerned about her safety.
You could pick up your daughter and then file for a modification if you're concerned about her safety.
Hi Mariza, You can get child support from the mother under Texas Family Code Sec. 154.302 which provides for Court-Ordered child support for an adult disabled child. If you have possession of the adult child, you may petition the court to ask that the biological mother pay child support to you as well as address other medical issues for the adult child. ... Read More
Hi Mariza, You can get child support from the mother under Texas Family Code Sec. 154.302 which provides for Court-Ordered child support for an adult... Read More

Emergency temporary orders

Answered 8 years and 3 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Contact an attorney right away for a free consultation and to go over your options. 
Contact an attorney right away for a free consultation and to go over your options. 

I am not divorced but legally separated and might get disability checks and back pay and I owe arears and child support of $47 ,000 Can child support

Answered 8 years and 3 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You have a complex case. If you still can’t find an attorney you can contact me on Thursday to go over the case details and options.
You have a complex case. If you still can’t find an attorney you can contact me on Thursday to go over the case details and options.

Can I get an attorney after I get back pay if it's not all taken away before time since child support has been taking awaymoney owed

Answered 8 years and 3 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You do have a complex case. Call me on Thursday to go over the details.
You do have a complex case. Call me on Thursday to go over the details.

I need a family law lawyer for grandparent rights

Answered 8 years and 11 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
You'll have to file an intervention into the case if a divorce or other suit has been filed. When was the last time the child lived with you? That will be a big factor in determining what kind of rights you can assert in the case. Most family court cases are public records so you should be able to find the filing and court date if a case is open by searching the filings in the county where the child lives.... Read More
You'll have to file an intervention into the case if a divorce or other suit has been filed. When was the last time the child lived with you? That... Read More

Can i ignore a safety plan ?

Answered 8 years and 11 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
If it's a safety plan given to you by CPS, did they tell you the consequences of ignoring it? Generally, when you ignore such plans, there are consequences. If you ignore the consequences, would you be putting any children or yourself in danger? What would CPS do if they find out you've ignored the safety plan. These are among the many things you shoudl consider.... Read More
If it's a safety plan given to you by CPS, did they tell you the consequences of ignoring it? Generally, when you ignore such plans, there are... Read More

does biological father have rights to child if an aop was done

Answered 9 years ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
The father would need to file a petition to get his rights established by law if you don't want to agree to him having time with the child.
The father would need to file a petition to get his rights established by law if you don't want to agree to him having time with the child.
The school district has a grievance or appeal process you can go through to contest the decision. You should seek a lawyer who specifically handles school law. 
The school district has a grievance or appeal process you can go through to contest the decision. You should seek a lawyer who specifically handles... Read More
When you had your granddaughter, you should have intervened in the CPS case or filed your own case to get yourself appointed managing conservator. Depending on the timeline, you may still be able to do so. You can't depend on CPS. You have to go through the Courts.
When you had your granddaughter, you should have intervened in the CPS case or filed your own case to get yourself appointed managing conservator.... Read More

How can I see my daughter whenever I'd like and at my own home?

Answered 9 years and a month ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
Do you have a Court order with a possession schedule? If not, you will need to file suit in the county where the child lives so that you can get an order for possession and access to your child.
Do you have a Court order with a possession schedule? If not, you will need to file suit in the county where the child lives so that you can get an... Read More

Grandparental Rights.

Answered 9 years and 2 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
How old is the child? How long has it been since the dad took her? Because your daughter died, you have standing to file a lawsuit to get a visitation (possession and access) schedule. You will find more information here: http://texaslawhelp.org/resource/grandparents-rights
How old is the child? How long has it been since the dad took her? Because your daughter died, you have standing to file a lawsuit to get a... Read More
Go to the police immediately and make a police report. Name everyone you feel is responsible in the report. You should probably stop allowing your daughter to ride the bus as long as the boy is still riding the bus.
Go to the police immediately and make a police report. Name everyone you feel is responsible in the report. You should probably stop allowing your... Read More
The power of attorney does not give your mother any authority beyond what is in the document. Your mother would need a court order to take away your parental rights. You may want to consider whether it's a good idea to have your mother as your power of attorney if she makes such threats. As your power of attorney, she can only do the things that you designated in the power of attorney document. She is supposed to act for your benefit, not according to her own opinion or benefit.... Read More
The power of attorney does not give your mother any authority beyond what is in the document. Your mother would need a court order to take away your... Read More

Can I legally kick my husband out?

Answered 9 years and 3 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
If you file for divorce, you can get an order requiring him to move out. As long as he's married to you, he can assert his right to live in the house. Have you ever called the police for the abuse? If so, you may be able to get a protective order that requires him to move.
If you file for divorce, you can get an order requiring him to move out. As long as he's married to you, he can assert his right to live in the... Read More
What state and county are you in? In Texas, spousal maintenance generally only lasts for a fixed period of time. It's difficult to provide feedback without knowing more about your divorce decree. However, you should certainly get an attorney as soon as possible in the county where the decree was signed.... Read More
What state and county are you in? In Texas, spousal maintenance generally only lasts for a fixed period of time. It's difficult to provide feedback... Read More

Student loan debt inequality in marriage

Answered 9 years and 3 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
Generally, any debt that is incurred before marriage is the separate debt of the person who incurred the debt. Sometimes people incurr debt together before marriage if they both sign loan documents, for instance, when buying a car. In this case, only one person incurred student loan debt; however, it's important to discuss how the debt will be handled once the couple is married.  If the debtor defaults on the debt and becomes subject to a judgment, there could be some concern for whether any bank accounts in that person's name could be garnished to pay the debt. On the other hand, student loans are the easiest debts to address in order to avoid default.   Whether you get a prenuptual agreement would depend on more than just student loan debt. You would want to analyze your entire financial situation as well as other aspects of your marriage to determine whether a prenup is necessary.  ... Read More
Generally, any debt that is incurred before marriage is the separate debt of the person who incurred the debt. Sometimes people incurr debt together... Read More
What County are you in? 
What County are you in? 

Disagree with mediation decision in custody

Answered 9 years and 5 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
Was the mediation done through the Office of the Attorney General or with an actual mediator? Is the order already signed by a judge?
Was the mediation done through the Office of the Attorney General or with an actual mediator? Is the order already signed by a judge?

attorney took retainer and has done nothing, and will not respond to calls or letter

Answered 9 years and 5 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Family
You can get another lawyer to substitute in for that lawyer. You can also ask for a refund if there is money left in the retainer. If not, you will have a dispute as to the lawyers fees. Let the lawyer know you want to settle that dispute. But the main thing is to get another lawyer to substitute in and get the case moving. What county is the case in?... Read More
You can get another lawyer to substitute in for that lawyer. You can also ask for a refund if there is money left in the retainer. If not, you will... Read More