Texas Family Legal Questions

If there are no orders in place, there is no law against you taking your children with you. However, the mother may file suit in Texas to ask the Court to order a geographic restriction. You could do the same in Kansas City once you get the kids there. You will have to show that they are safer in Kansas City than they were in Texas, depending on who files when and where.... Read Answer

Section 153.432 allows grandparents to file suit to get possession and access to grandchildren. Along with the petition, you must include an affidavit that contains allegations and supporting facts that show that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. The law further states that the "court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief. . . ." The bottom line is that you have to show that the children would be harmed by NOT seeing you on a regular basis. This can be shown by proving that you already have a significant relationship with the children among other things.    ... Read Answer

Are you concerned that your parents will call the police if you leave? Is there a use or neglect in the home? You may need to seek help from a social service agency.  Also, it's not likely that you'll "get in trouble with the police" just because you don't live with your parents. Someone would have to actually call the police for some reason.  There are a number of social service agencies hay can help you. Look for places in your county that can help you.    ... Read Answer

CPS had the authority to act as they did because of the suspected neglect of the child. One of the problems was that it appeared that the child may have witnessed domestic abuse. Many women do not realize that this can lead to the removal of the children. Once you get back on your feet, you should be able to show CPS that you can care for the child. However, you want to also be able to prove that you're not in an abusive relationship. You should contact the local women's shelter to get some counseling. This will also help your case with CPS. You want to be able to not just say you're doing better, but you want to be able to prove it by going to counseling and getting whatever help is available to you. I've seen many people turn their lives around and get their chidren back by making good use of social services. What county are you in?... Read Answer

This is a criminal case. You must contact the police and the county DA to make a police report and let them know you want to press charges against whoever harmed your daughter. You shoudl then be able to get some counseling for her through victims assistance. At such a young age, they usually provide play therapy, but you need to get help for you daughter. You could also contact a child advocacy center where you live. What county are you in? I can provide names and numbers for the local agencies that can help your child if I know where you live.... Read Answer

The Court considers the best interest of the children in all family law cases. When you go to court, you should take any evidence you have of the father's drug-related felony and parole status. The Court needs all the information in order to make a decision that is in the best interest of the child.  You also have to think about the worst allegations that the father will bring against you, and you should have good defenses for anything he says. If the children are currently living with you and they are doing well, the father will probably have a hard time getting the judge to change where they live.... Read Answer

What you need is a Protective Order (not a Restraining Order). I don't think there is a fee for a Protective Order. In Harris County, the District Attorney’s Office can help you get a Protective Order. Call the District Attorney’s office at (713) 755-5888, or go to the Family Criminal Law Division located on the 2nd floor of the Harris County Criminal Courts Building, 1201 Franklin, Houston, Texas 77002.... Read Answer

Do you currently have a court order that includes a possession schedule? If not, you should get one so the father can't dictate your time with your child. Give me more information about what has happened, how old the child is, why the dad has possession and other information so I can provide further information about how you may want to proceed.... Read Answer

Was the h ome owned by the parties during their marriage?  Did the divorce decree award the home to the ex-husband?  Did the divorce decree give the ex-wife a security interest in the home (i.e., a deed of trust)?  There are many questions that would need to be answered. Your sister should contact an attorney.  If she woud like to talk with me, I can provide a free phone consultation.... Read Answer