×
Go back to Martindale-Avvo ➔

Texas Family Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 12
Do you have any Texas Family questions page 12 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 459 previously answered Texas Family questions.
Family Law
Texas

Recent Legal Answers

i want to change my daughter name i need a court order

Answered 12 years and 10 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
The process is not difficult as long as your daughter is a minor and there is a good reason for the name change. It is normally necessary for the mother to agree and join in the petition. You will need to pay the filing fee, draft a petition and order and set it for hearing. Good luck!
The process is not difficult as long as your daughter is a minor and there is a good reason for the name change. It is normally necessary for the... Read More

Grandparent trying to protect grandson

Answered 12 years and 10 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
This is one of the rare cases where a report to Child Protective Services may be required. Since you are aware of a dangerous situation involving the welfare of a minor you may be required by law to report it. The report can be made to the police or a doctor if medical treatment is need for the abuse.... Read More
This is one of the rare cases where a report to Child Protective Services may be required. Since you are aware of a dangerous situation involving the... Read More

If a house is in both parties names,9husband and wife0, can one of them claim it seperately, because they paid the house off before Christmas.

Answered 12 years and 10 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
I assume that the parties are married. If so it is community property in Texas and must be awarded to one or the other by a court.
I assume that the parties are married. If so it is community property in Texas and must be awarded to one or the other by a court.

If I can get my sister to voluntarily give me guardianship of my nieces would we have to go to court or could a lawyer take care of it?

Answered 12 years and 10 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
You need a court order to establish a guardianship. Unless you have the legal training to prepare a guardianship petition and argue the case, you need a lawyer.
You need a court order to establish a guardianship. Unless you have the legal training to prepare a guardianship petition and argue the case, you... Read More

what happens when a parent picks and chooses when they want to follow a custody order.

Answered 12 years and 10 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: Family
he is in violation of the order but the correct way of going about it is to file a petition for contempt of custody order and tell the judge what he is doing and see if the judge will issue an order for what you want. talk it over with a TX lawyer.
he is in violation of the order but the correct way of going about it is to file a petition for contempt of custody order and tell the judge what he... Read More

How can I change my childrens maiden name if my ex was using a different name?

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
This is a very unusual situation. I would suggest asking a local lawyer to check with a district judge to see what the court policies are for this type of situation. Normally we need to get permission from the other parent, but where the name is actually incorrect this won't work. I would think a petition for a name change spelling out the reason for the request and service on the ex would be required.... Read More
This is a very unusual situation. I would suggest asking a local lawyer to check with a district judge to see what the court policies are for this... Read More

Common law marriages in texas

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
You answered the question when you said you are engaged. There cannot be a common law marriage if you are engaged, there is a promise to marry in the future. You may have a partnership interest in things you have jointly purchased and in the business. The same may be true of the bank accounts.... Read More
You answered the question when you said you are engaged. There cannot be a common law marriage if you are engaged, there is a promise to marry in the... Read More

What should I do when my lawyer tells me to do something different and the opposing lawyer says another?

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
You can't enforce what is not ordered. My suggestion would be to go back to court to clarify the orders if you can't agree on a solution. It is best for your child to know what to expect and best for you also.
You can't enforce what is not ordered. My suggestion would be to go back to court to clarify the orders if you can't agree on a solution. It is best... Read More

The father of my son smokes weed can I ask for Solo custody

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
You can always ask but it is difficult to cut off the father totally. If he smokes in the house were your son is this may create a situation where the court awards limited visitation with supervision or a variation to protect your son. It is important to be able to prove his drug use, sometimes with testimony from witnesses or from a private investigator that you hire.... Read More
You can always ask but it is difficult to cut off the father totally. If he smokes in the house were your son is this may create a situation where... Read More

my wife past away and the beneficiary of her life insurance is my mother in law ,,, do we get some of that money my son and me? is my mother

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
Life insurance passes to the beneficiary outside of the estate in most situations. If the estate was large it would be a good idea to see a lawyer experienced in probate law.
Life insurance passes to the beneficiary outside of the estate in most situations. If the estate was large it would be a good idea to see a lawyer... Read More

A dna test was done and came back 97.133 percent, in a court of law will that be stand

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
A more specific and detailed DNA test should be done. It is up to the court to decide if this is enough certainty but the test should give more definitive results.
A more specific and detailed DNA test should be done. It is up to the court to decide if this is enough certainty but the test should give more... Read More

How can I get power of attorney for my son

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
A power of attorney can be signed in prison. It will be perfectly valid and I would suggest checking with his bank to see how they would like it worded.
A power of attorney can be signed in prison. It will be perfectly valid and I would suggest checking with his bank to see how they would like it... Read More

Found out divorce wasnt finalized and now in a bit of a jam

Answered 12 years and 11 months ago by attorney Ronda Elizabeth Harris   |   1 Answer   |  Legal Topics: Family
From the facts you stated, it appears you are still married to original spouse. You can only be married to one person at a time.  Therefore, your second marriage is currently void.  In order to correct the situation, you need to file for divorce from current spouse.  Once you are divorced, there is case law stating that second marriage automatically becomes valid upon divorce from first spouse ("springs" into existence).  However, to be on the safe side and give your second spouse peace of mind, you might want to have a simple JP ceremony renewing your marriage vows once your divorce from your original spouse is final.... Read More
From the facts you stated, it appears you are still married to original spouse. You can only be married to one person at a time.  Therefore,... Read More

court appointed exchange

Answered 12 years and 11 months ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the final orders of the court do not state a specific place for the exchange of the kids then you would have to file a Petition for Modification and request the change.
If the final orders of the court do not state a specific place for the exchange of the kids then you would have to file a Petition for Modification... Read More

How do I obtain custody of my niece?

Answered 12 years and 11 months ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can file a suit for access and possession of the child. You can ask to be the sole managing conservator and request that the father have limited access and possession of the child.
You can file a suit for access and possession of the child. You can ask to be the sole managing conservator and request that the father have limited... Read More

What Age Can You Move Out Of Your Parents House In Texas?

Answered 12 years and 11 months ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
Generally the parents are responsible until you are 18. Before that you may be treated as a runnaway. You can file for emancipation in court if you need so you will be treated as an adult. This is certainly possible if you are in danger or there is a serious conflict with your parents.
Generally the parents are responsible until you are 18. Before that you may be treated as a runnaway. You can file for emancipation in court if you... Read More

9 year old daughter around drugs

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
I am in PA, but you need to talk to a TX lawyer. You may also want to get child services involved to investigate. They would interview your daughter and if what you say is true, they could remove the girl from the home and place her with you, IF, you are an appropriate caretaker. which leads to ask why you dont have custody in the first place.... Read More
I am in PA, but you need to talk to a TX lawyer. You may also want to get child services involved to investigate. They would interview your daughter... Read More

what is the next step after non defendant answer to the original petition and request for disclosure

Answered 12 years and 11 months ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
With 45 days notice to the opposing party the final hearing for the divorce can be set.
With 45 days notice to the opposing party the final hearing for the divorce can be set.

How do I start the process of my child biological father signing over his rights?

Answered 12 years and 11 months ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You will have to file a Petition for Termination of Parent-Child Relationship.  The father would have to sign an Affidavit of Waiver of Interest in the child.  You should consult with an attorney about the father's potential rights.
You will have to file a Petition for Termination of Parent-Child Relationship.  The father would have to sign an Affidavit of Waiver of Interest... Read More

What is the cost to fight for grandparents rights.

Answered 12 years and 11 months ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Grandparents can file a lawsuit to obtain possession as long as they can prove that denial of possession and access would significantly impair the child's physical or emotional well- being.
Grandparents can file a lawsuit to obtain possession as long as they can prove that denial of possession and access would significantly impair the... Read More

my daughter's dad slapped her, can i keep her from going back to his house?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
If there is a court order requiring you to return her you should probably get an attorney and go to court on an emergency motion to change custody. in the petition you will tell the judge what the allegation is. If there is no court order, you are not in violation of a court order if you dont return her. In either case you need to get police involved.  ... Read More
If there is a court order requiring you to return her you should probably get an attorney and go to court on an emergency motion to change custody.... Read More

common law marriages and heir to property

Answered 13 years ago by attorney Mr. Kenneth G. Wincorn   |   1 Answer   |  Legal Topics: Family
Without knowing how long you lived together, what if anything was in the will and all the facts surrounding holding out as a common law married couple I can't give you an answer. There is the possibility of a partnership in property if you contributed to his business and rendered services and you might have an interest in real estate for the same reason. You need a lawyer with knowledge of probate and family law.... Read More
Without knowing how long you lived together, what if anything was in the will and all the facts surrounding holding out as a common law married... Read More

How much does it cost to persue grandparents rights?

Answered 13 years ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The complexity of the case is what will determine the cost of your case.  You should make an appointment with several attorneys and get opinions about the expenses involved after they review your specific facts.
The complexity of the case is what will determine the cost of your case.  You should make an appointment with several attorneys and get opinions... Read More

How does Texas calculate child support for more than one household?

Answered 13 years ago by Mr. Matthew Brent Ratekin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The percentage that he would have to pay is already set.  For 3 children with 2 before the court he would be ordered to pay 22.5% of his net resources.  Without the new child the percentage would be 25% of his net resources but he has a legal duty to support his new child as well so the percentage is lowered.... Read More
The percentage that he would have to pay is already set.  For 3 children with 2 before the court he would be ordered to pay 22.5% of his net... Read More

I have an order to pay child support and have visitation with my son, his mother will not let him come because she doesnt know where I live because I

Answered 13 years ago by Martha Feigenbaum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the mother will not allow your son to visit you will have to file a Motion for Enforcement. .
If the mother will not allow your son to visit you will have to file a Motion for Enforcement. .
Family Law
Texas

Helpful Resources