Texas Family Legal Questions

I would highly recommend that you consult with an attorney to determine what options that you may have.  In order to proceed you need to make sure that the Court understands that you have the right to request the Court to award you custody or, as we call it in Texas, conservatorship of your sibling.  This means you have to have "standing".  Standing and jurisdiction are complicated ideas to understand, sometimes even for lawyers, but if you do not understand them you may have trouble proceeding and getting the chance to ask the Court to consider what you are requesting.  While in the state of Texas anyone can represent themselves, it is seldom a good idea to do so.... Read More

It depends upon your current Will. How and when it was drafted. Wills can be simple or extremely complicated. However, in Texas, if you had a Will drafted and were subsequently divorced, then your former spouse will be treated as if they pre-deceased you.    Texas Estates Code: Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE. A person is not a surviving spouse of a decedent if the person's marriage to the decedent has been dissolved by divorce, annulment, or a declaration that the marriage is void, unless: (1) as the result of a subsequent marriage, the person is married to the decedent at the time of death; and (2) the subsequent marriage is not declared void under Subchapter C.... Read More

It sounds like the mother has a previous CPS history. They may be involved when the unborn child is born depending on the mother's status. For instance if she is known to be on drugs, the hospital will call CPS when the child is born. If there is CPS involvement, the dad could contact CPS to let them know he wants the child placed with him. If there is no CPS involvement with the unborn child, the dad will have to wait until the child is born and then file a lawsuit to establish his paternity and request that the court order the child to live with him.... Read More

You should contact the local legal aid office to see if you qualify for free or low cost legal services to address the issues you discuss. You may also find helpful information at www.texaslawhelp.org. It is unclear whether your husband and your son's father is the same person. That is a big factor in determining how to go about getting sole managing conservatorship of your son.... Read More

If CPS filed a true nonsuit, then their entire case was dismissed along with any temporary orders entered. I do not know how they would legally name you sole managing conservator in a nonsuit. You may have been named SMC in a temporary order, but this appointment would go away with their dismissal of the case unless you had your own pleadings pending. I suggest you make an appointment to see a private attorney (to take a look at the procedural history) in order to give you accurate legal advice in this matter.  If their case was completely dismissed without final orders, then you are back to the legal status prior to their filing (your prior order is still in effect). ... Read More

Whether you can enlist in the military (and relocate your child) without permission of the court depends on what your current order says.   If the order contains a geographic restriction, you can relocate your child outside of the geographic area if the the father agrees in writing or the court signs a new order.  If the order does not contain a geographic restriction, you can relocate your child without going back to court for a modification.  Depending on the specific facts of your case, it seems likely a court would allow you to enlist and relocate with your child.  This would be a fact specific inquiry by the judge and you may need an attorney representing you to present your case to a successful result.  If you do hire one, you should look for one with significant military experience to help you present the military issues.... Read More

The first question I would ask is whether or not the grandparent even has grounds to seek access to the child. "In Texas, a court can authorize grandparent visitation of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists: The parents divorced; ... A court-order terminated the parent-child relationship; or. The child has lived with the grandparent for at least six months."  (OAG website) If you are not represented by counsel, then I would recommend you hire an attorney. This area of family law can be extremely tricky and you may lose some important parental rights if you are not properly represented. Assuming she has grounds to seek grandparent's rights, her attorney would have to make this request via formal discovery (unless local rules requires automatic disclosure of certain information) and the request would have to be relevant to the pleadings. ... Read More

If you leave money to someone in your will (or otherwise gift it to him), it is his separate property and his wife has no claim to it provided he keeps that money separate from community funds (i.e., in a bank account in his name and which contains only that money).  Keep in mind that interest earned on seoarate property belongs to the community estate.  The rules can get complicated.   If the amount is significant, you (or he) would be well advised to seek out legal advice.... Read More

You or your lawyer will have an opportunity to advocate for you at your trial. Having an attorney is especially crucial in your case. The pleadings filed with the court must state your claims for spousal support n Your attorney could argue that you should receive more than fifty percent of the assets because you are not able to work. This is called disproportionate division and must be requested in the pleadings filed with the court.  If there are liquid assets that may be helpful so that you may live off the proceeds from selling the assets.  Your attorney could also argue that your spousal maintenance should continue indefinitely because of the disability. Of course, you will need to provide evidence that you cannot work.  I recommend that you consult with an attorney to get more information on your specific situation. ... Read More

If you are the primary conservator for the children, The father will be ordered to pay you child support.       based on his resources. If he is paying support tothe person who has custody of his other child then the percentage he is ordered to pay you is reduced by a few percentage points. For example for three children in a case the support is 30%, but that would be reduced to 27.38% of his net resources because he is supporting another child outside your case. His net resources are his monthly gross minus taxes. He will also be ordered to provide or pay for health and dental insurance for the children. ... Read More

First look at your existing court order to determine if there is any term in the order that requires him to seek your consent before he travels our of state with your daughter.  If not, then he is not required to get your aggreement to the trip.  Most standard orders do not contain any requirement of notification of out of state travel or a need for the parties to agree before one may travel out of state. On the other hand, there are often international travel provisions in orders.  Those do not allow you to prohibit the travel, but do require him to give notice and details about the travel. Of course, if he is requesting any favors of you regarding dates of the visit that may or may not fit into the possession schedule he has, then you could say you do not agree to giving up time or being flexible on his dates of possession.  If there is some danger of international abduction, then you need to get back into court to request the court modify your order to add terms designed to prevent international abduction. As a practical matter, I suggest you ask your ex to let you know where he will be and when, and that he provide a contact number in addition to his mobile phone.  Also request that he have your daughter call you a few times during the trip to reassure you that she is o.k.  ... Read More

You could solve the problem of him coming over whenever he wants if you file for divorce and ask for temporary orders for you to have the temporary exclusive use of the home during the divorce.  After a hearing, the court will decide which of you is entitled to exclusive use of the home.  Ultimately the disposition of the home will be resolved in the divorce, but you would at least be able to keep him out while the divorce is going on.   You could also request temporary spousal support when you request temporary orders.  The court will look at both parties' income and the expenses of each to determine who pays and how much.  If he has an income greater than yours, you should request support.  With respect to post-divorce spousal maintenance, which is what payments from a former spouse are called in Texas, if you are unable to meet your minimum needs with your own income, then the court will consider ordering your husband to pay you spousal maintenance after the divorce is final.    ... Read More

Whether your daughter can be kicked out of the home depends on a number of factors. Do they lease or own the home? Is she on the lease or mortgage? More than likely, she can't be kicked out of the home without a court order. Also, if she's in a dangerous situation, she might need to leave on her own and take the child with her.... Read More

It is illegal (a felony) to choke someone. It would be difficult to argue that type of "restraint" is self-defense. It would be better not to attempt to physically discipline a 16 year old. If things escalate, it would be better to remove yourself from the situation. More than likely any adult dealing with the child would be found liable for any injuries to the child.... Read More