Texas Family Legal Questions

two ways. he can formally have his parental rights terminated. this would end any chance of him seeing child again, and stop support. it involves going to court and lawyers. the other way is to just have them both sign a temporary agreement to give her all custody and suspend support. She will have to go to court to sign paperwork to end the support.... Read More

If you follow the order exactly as it is wirtten and your ex does not, you can file a contempt petition with the court to force her to comply. This may take several appearances in court and can be costly because of the attorney time necessary, but it is often worth the effort to head off larger problems in the future and create the opportunity for you to have the time necessary for a god relationship with your child.... Read More

The last part of your question was not legible but obviously he needs to have his attorney consult with you. Most appeals are handled by paper so your help may not be needed but if the appeal was from a Magestrate the judge might be required to hold a new trial. Ask his attorney what you need to do. ... Read More

There are defenses based on reasonable discipline of a child that may be available. The facts are critical in deciding how to defend the case. How bad were the injuries, did he make a confession and etc. He certainly has probation eligibility if he is guilty, but he may be kept from his step son if he is sentenced to probation or jail. Since he has made a substantial bond, hopefully he has the money to hire an experienced lawyer. In cases I have tried around the state of Texas I have found a great deal of difference in attitude from one district attorney's office to the next. The same is true of different judges. Have him immediately contact the attorney of his choice and interview him to be sure that he has experience in trying child abuse cases. If he is satisfied with his skill, he should begin planning the strategy that will be used in his defense.        ... Read More

You are correct, you do need a lawyer. CPS is very difficult to deal with and it is even more difficult in some jurisdictions. The danger you face is that if there is no approved placement for your son he can be placed with a foster family or kept in a juvenile facility. Your attorney should get an alternative evaluation that shows (if possible) that the placement you favor is safe. Talk to the attorney that you choose about trying the public intoxication case if it is not too late. If you have already pled guilty and got a probation or a conviction, see about a motion for new trial if the time limits have not run. Whatever you do, it is important to act quickly.... Read More

It appears that this is not your fiancee anymore. Check the terms of your lease and if you are the tenant and she is not you will need to file to have her evicted. If possible, work with your landlord to deal with the problem. Moving may be an option if the lease is month to month or about to expire.... Read More

This is standard language to prevent childrens exposure to sexual contact at the home. If you get married it is not an unrelated adult. A girlfiend can be a problem and if you intend to have her stay overnight it is best to get the wording changed. Otherwise have your contacts away from home.... Read More

You have to make the best of a bad situation. You will have to pay the support unless the mother agrees to let you terminate your rights. You have a right to visitation if you wish and can have a relationship with your child. We have to live with the results our actions and it is only fair to take care of a child you helped to create and who needs a father.  ... Read More

I would  need more information.  Has any court entered orders on child custody and support?  The Maternal Grandparent if they had custody for 4 years have standing to file a Petition for Parent-Child Relationship to seek a formal custody order for the child.  At age 15, the court will take into account the child's desires, but the court will make the final decision of where the child resides based on all the circumstances and what is in the best interest of the child.... Read More

If there is anything of a sexual nature going on between the children, it should be reported to CPS. As far as I know there is no state law on children, brother's and sisters sharing the same bed.  In my opinion its a matter of the ages of the children and their sexual development.  Naturally older children should not be sleeping with the opposite sex siblings.... Read More

Hourly rates vary from attorney to attorney depending on experience and other factors. Generally the initial consultation cost depends on how long it takes to discuss the matter. If the problem is complicated and requires some research it could be fairly high. To keep the cost low, come prepared with an outline of the issues.... Read More

There is no requirement in the Texas Family Code to send a demand letter for visitation, unless your Final Order requires it specifically.  If you are simply wanting someone to know they need to let you visit or you'll have no option but to take them to court, that's basically all you need to say.  Now, if you're filing an enforcement specifically, I would consult a law library - almost every county has a couple of them, at the schools or the courthouse.  The main thing is you must state with specificity which items of the decree they are violating and how, when, where, in detail - in order to prevail in court and put the other side on notice as to what they are being sued for.  The good news about an enforcement is you may get some time back with the children and/or costs and attorney's fees for their violations, should the court find they have acted contemptuously.  A local attorney is a great source to make an enforcement worthwhile.  I'm not sure in 10 years I've ever seen a pro se (someone without an attorney) attempt it.... Read More