Texas Family Legal Questions

It is very important that this be a decision of your son and not of you.  If, and only if, your son does not wish to visit, he must communicate this with his father.  Realize, you will be open to a claim that you unduly influenced your son. Most courts do not penalize a parent who cannot convince a child to visit. But, let's look at the other side. Your ex-husband very likely has resources and contacts that can ultimately be of advantage to your son, and if they are of advantage to your son, someday they may be of advantage to you.  The education your son gets and the contacts he makes will help him in life.  If he does well, he is better able someday to assist you.  Further, he may someday resent you for not helping him have a relationship with his father.  If you are not going to do that, get some counseling for him (and you) to be sure he does not at some level wish some contact with his father. Bottom line, encourage the contact.        ... Read More

Each parent is supposed to "protect" their child, so it could be arguable this was in the child's best interest.  However, it is not automatic and can be argued the other way - i.e. that the other conservator was just as able to care for the child.  Question really is - should we move a kid back and forth who's sick in bed (assuming that is the fact scenario)?  It would probably be best to request some make-up time due to the issue.  Feel free to call with any further questions.  Andrew Lloyd 940.381.2600... Read More

Generally, the answer is no.  That is not to say if there is some extraordinary illness, that would justify the denial.  We provide a free consultation, if you wish to sit and discuss your case. Our office number is 210.735.4202. Lee Hernandez, Attorney. 4100 N.W. Loop 410, Suite 100, San Antonio, TX 78229... Read More

In Texas, each parent is entitled to have a relationship with the child. The fact that the father is delinquent in paying child support does not change the fact that he has the right to see the child. Your divorce decree has what's known as a visitation schedule, which you and your ex-husband should follow as it clearly indicates which days and holidays the father has the right to access the child. The standard visitation schedule is included in most divorce decrees where there are children born of the marriage, but sometimes courts approve custom visitation schedules. In either scenario, the court is obligated to determine what is in the best interest of the child.    To address your child support obligations, please be sure to contact the Texas Office of the Attorney General's child support website, where you can identify the local child support office for further assistance: https://www.oag.state.tx.us/cs/parents/index.shtml   If you have more questions, please feel free to contact 713-574-8626. ... Read More

No experienced attorney is going to give you a specific answer to a child custody question - there are too many variables. The judge will enter orders that he/she thinks are in the best interest of the child and probably will think the child should have ongoing contact with both parents. I strongly suggest you hire a lawyer.... Read More

The best situation for you is to be a joint owner of all bank accounts.  However, if your husband does not want to make you a joint owner, he could make you a beneficiary on his account so that if he dies the account goes to you.  You would still have to follow the banks rules for the transfer upon his death such as providing a certified copy of his death certificate.... Read More

A parent will always have the right to seek access and custody of a child unless their rights as a parent has been terminated by a court of competent jurisdiction. What that access or custody might look like will depend on the facts of the case- the court will always be guided by the best interest of the child.... Read More