Texas Family Legal Questions

Please go to a family lawyer in your area immediately and get some counsel on how to proceed. There are not enough facts in your posed question to adequately answer your problem.  Generally,  a father is entitled to see his children.  If the Court finds that the gun and drug issues require action, the Judge could order the father to undergo drug testing and might order restricted or supervised visitation with the children.  There are many options that are available and with proper legal assistance, the father should be able to see his children.... Read More

Please consult with a lawyer who practices family law in your area.  The easiest way to get a divorce would be if the two of you could agree on the terms and your spouse would file a waiver of citation so no service would be necessary.  Of course, you would have to know where your spouse resides if you want to try to do it this way.  If you do not know where your spouse resides, contact his/her family and friends to try to get an address and/or phone number.   ... Read More

What I have done for clients in this type of situation is have them legally change the children's names then the new name is put on the birth certificate.  The legal application is made by you and your wife jointly where you are asking the court to change their names to include both last names.  There are documents to be filed with the court to establish that you are making this request for a lawful purpose.  You will receive a court order and this is forwarded to the respective states where your children were born.  Based on the order the state registrar will generate new birth certificates.  I suggest you check with a Texas attorney about the process of legally changing a child's name.... Read More

Yes, you can file for custody.  Your local court should have a custody office or a civil office.  Go there and ask them how to do it.  They will likely suggest you see an attorney.  You can also go to your local law library and there are some on-line sources for forms on how to do it, but I can not guarantee that they are the correct ones, without you checking with a local attorney.... Read More

You really need to consult with an attorney in your area.  Most states require that you either get the father's permission to move or get the court to order it.  Your situation has intricacies that require a closer look.  Many family law attorneys offer free consultations.  Take one up on that offer.... Read More

Child support ends when the child turns eighteen or graduates from high school whichever is later.  If over eighteen, the child must be enrolled under Chapter 25 of the Education Code in an accredited secondary school in a program leading toward a high school diploma; or under Section 130.008 of the Education Code in courses for joint high school and junior college credit; or on a full time basis in a private secondary school in a program leading toward a high school diploma and the child must be complying with the minimum attendance requirements of Subchapter C, Chapter 25, Education Code; or the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.  Please check with a family law practitioner in your area for advice on how to proceed.... Read More

Please talk to a family lawyer in your area immediately so you can become familiar with what your rights are in case CPS continues their investigation.  CPS does often go to children's schools and talk to the children in that manner.  Please get some legal advice so you will be ready in case further action is made by CPS.... Read More

Please talk to a family lawyer in your area and bring your Decree and AID with you for review by the lawyer.  There is the option of trying to resolve this case collaboratively instead of through litigation which is a wonderful way of resolving disputes. Talk to the family lawyer about using collaborative law as a means of settling the issues. Most likely, if you do not want to file suit or there is not an agreement between the parties to try the collaborative approach, you could have your lawyer write a letter to the ex husband demanding he comply with the terms of the prior Order and agreement.  There might also be a mediation clause in the documents thereby compelling mediation first before filing. ... Read More

Please consult with a lawyer who practices probate law immediately.  If your father died without a will and his surviving spouse is not your mother, you are entitled to a portion of his estate.  If it is community property, the children (and descendants) are entitled to one half and the surviving spouse one half. If not community, the surviving spouse is entitled to one third of personal property and the children (and descendants) are entitled to the remainder.  Real property is a little more complicated with the surviving spouse being entitled to a life estate in one third of the property and the children (and descendants) received the remainder.  It is essential that you get advice immediately especially since she is dissipating assets.... Read More

My sympathies to you on the death of your husband.  Please go immediately to a lawyer in your area and get some help.  If you can not afford a lawyer, there are legal aid services in most areas in Texas.  You need some help with this.  Did your husband have a Will?  If so, does it name you as his beneficiary? You can file a Declaratory action to have a Court determine whether you were common law married in the State of Texas.  In order to qualify for being common law married, you have to be able to prove the following:  1) a declaration of marriage has been signed meeting the requirements of the Texas Family Code; or 2) the man and woman agreed to be married and after the agreement they lived in this state as husband and wife and there represented to others that they were married. You should bring the proceeding before the second anniversary of the date you ceased living together.      ... Read More

Please go to a lawyer who does family law in your area.  There are several different things you can do.  Will your daughter sign an Agreed Order giving you joint managing or sole managing conservatorship over your granddaughter?  Where is your granddaughter's father?  Does he have parental rights? If you can get everyone who has parental rights established to agree to the Order in writing, it is a very simple task.  If they will not agree, you should still file an action to establish conservatorship.  The fact that you have had actual physical possession of her for twelve years would be very important to the Judge.   ... Read More

You should send your ex a letter certified mail, return receipt requested that having obtained a copy of the Orders, you will be complying with them and he needs to start picking her up from your residence after visitation.  Since school is out now, you will not have to worry about your daughter missing school.  Hopefully, he will start doing what the Order says he should do. If he does not, you could file a Motion for Enforcement.  He could file a Motion to Modify the prior Order to try to change the pick up but if he does, please go to the hearing.  Do not just ignore it and hope nothing bad happens.  Talk to a lawyer in your jurisdiction who practices family law and you can get all your options explained to you.   ... Read More

Yes, it is possible to obtain a court  order stating who has to do the traveling.  Most orders have this in it already.  Do you have a possession order yet?  It sounds like you have one but they forgot to put in the transportation.  You can do a modified order that includes clauses regarding who picks up and who delivers.  Please consult with a family lawyer in your area because, depending on the circumstance surrounding the  timing of your ex's move, you might be able to obtain an Order that has her traveling both ways.    ... Read More

You need to obtain advice from a family lawyer in your jurisdiction to get paternity established immediately for both kids as well as conservatorship, possession, rights and duties and child support.  Without court orders, you both have equal rights to possession of the children so your ex does not have to return your son.  It is possible in a paternity action to obtain back child support for your daughter. If your son is not in your possession, you need to ask for orders to adjudicate his parentage and obtain physical possession of him (through a court order).  Child support follows the possession. How long has he been with your ex? You need to file an action before you lose jurisdiction in your county to the county your ex resides in with your son as it will be more difficult and more expensive to file an action in a county where you have to travel a distance to the court. There are numerous issues with your case that need to be addressed as quickly as possible so please do not delay in seeking legal representation.      ... Read More

You need to immediately get some counsel from a family lawyer in your area.  If there has never been a court order, you need to obtain one.  Because your son has lived in Austin for more than six months, you may need to file in Travis County but you need to have the rights and duties of each parent spelled out in the Order as well as possession periods and child support.    ... Read More

In Texas, at age 16, you must be living apart from your parents and be self supporting and managing your own affairs in order to have your disabilities legally removed. You can file the suit under your own name.  Please contact a lawyer in your area who has experience in family law to assist you in determining if you meet the criteria.   ... Read More

Please go to see a lawyer who is experienced in family law in your area.  While it is normally up to the parent in possession who he/she leaves the child with and for what reason, if his mother is a danger to the child, you may be able to have the Judge order that your daughter not be left with the paternal grandmother.  You might also be able to have a right of first refusal whereby, your ex lets you know when he is unable to care for your daughter during his possession time and you are given the right to care for her before he turns possession over to someone else.      ... Read More