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Texas Child Custody Questions & Answers
Q: How to file for sole legal conservatorship with open police and CPS cases?
I'm seeking advice on filing a motion for sole legal conservatorship in a family law case. I do not currently have legal representation. There is an open police report and CPS report against the father of my child, which I believe supports my case for sole conservatorship. The situation is... View More 
John Michael Frick
answered on Jul 8, 2025
answered on Jul 8, 2025
A contested custody case is not a do-it-yourself project. A non-lawyer with some legal knowledge and experience can handle their own family law litigation if it is relatively simple, straightforward, and uncontested.
I often compare the practice of law to automotive service. Many people... View More
Q: How to file for sole legal conservatorship with open police and CPS cases?
I'm seeking advice on filing a motion for sole legal conservatorship in a family law case. I do not currently have legal representation. There is an open police report and CPS report against the father of my child, which I believe supports my case for sole conservatorship. The situation is... View More
John Herbig
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answered on Jul 9, 2025
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answered on Jul 9, 2025
While you can technically file a Petition to Modify yourself, which would be the first thing done in a suit seeking Sole Managing Conservatorship, based on the facts you stated and the stakes if you get something wrong, you probably should contact an attorney and have them do this type of case for... View More
Q: My son faces legal actions for increased child support and visitation rights termination. He earns $11/hr part-time and struggles financially. His ex-wife cites the child's autism. What are his legal options and how can he get representation?
My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More
John Michael Frick
answered on Jul 1, 2025
answered on Jul 1, 2025
Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More
Q: Can I get custody if my wife threatened me with a knife?
I am currently in a divorce proceeding filed by my wife, with no existing court orders regarding custody. My wife has a history of assault charges and has recently assaulted me, an incident that has been reported and is under review by the county. My children witnessed her brandishing a knife to my... View More
John Michael Frick
answered on Jul 1, 2025
answered on Jul 1, 2025
It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More
2 Answers
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in
Divorce, Child Support, Child Custody, Family Law and Military Law
for
Texas
on
Q: Veteran seeking advice on disestablishing paternity and child support in TX
I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More
Raymond Chow
answered on Jun 27, 2025
answered on Jun 27, 2025
Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More
Q: What is the likely outcome of the custody battle between my mom and stepdad, and can I live with my stepdad?
I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More
Rafee'a S. Majeed
answered on Jun 20, 2025
answered on Jun 20, 2025
I am sorry to hear that you and your sibkings are going through this. Given that your Step-dad has had substantial past contact with you and your siblings, and the concerns that you've expressed about your Mother, there is probably a greater than 50% chance that a Judge "could" grant... View More
Q: What is the likely outcome of the custody battle between my mom and stepdad, and can I live with my stepdad?
I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More
John Michael Frick
answered on Jun 20, 2025
answered on Jun 20, 2025
Every case turns on its own unique set of facts and circumstances. Normally, it would be unlikely that you will be allowed to live with your stepdad without your mom's consent unless there is an open CPS investigation of abuse or neglect by your mom. Under Texas law, there is a strong... View More
Q: Custody determination for unmarried parents in Texas after father's jail release
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More
Rafee'a S. Majeed
answered on Jun 20, 2025
answered on Jun 20, 2025
No, he would automatically get custody of either children upon release from prison. A Judge will have to determine what is in the children's (or child's) best interest. The Judge will consider a number of factors when making this determination. A couple of them being 1) what was he... View More
Q: Custody determination for unmarried parents in Texas after father's jail release
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More
John Herbig
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answered on Jun 20, 2025
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answered on Jun 20, 2025
If you were never married, and there are no current Orders in place adjudicating him as the father, and establishing conservatorship, rights and duties, possession and access, and child support, then no he does not automatically get out of jail and "get custody" unless you give the kids... View More
Q: How to enforce court order for birth certificate name addition?
I have a court order that requires the mother of my child to add my name to his birth certificate, but she has been refusing to comply for a year now. I am listed as the legal father in the court order. What steps should I take to enforce the court order and ensure my name is added to the birth... View More
Rafee'a S. Majeed
answered on Jun 5, 2025
answered on Jun 5, 2025
The following website provides very helpful, step-by-step instructions to how to change your child's birth certificate to add a parent's name:
https://www.dshs.texas.gov/vital-statistics/requirements-requesting-changing-vital-records/requirements-changing-vital-records
I... View More
Q: Enforce custody order as mother denies access to child and avoids contact.
I need to take the mother of my child to court because I have not seen my son in a year. She refuses to provide her contact information or address. We have an agreement from a judge regarding custody, but she's not following it. There has been a previous court decision on this matter, and... View More
John Michael Frick
answered on May 8, 2025
answered on May 8, 2025
I concur that you should take the mother to court on a motion to enforce the existing order. As this is not a do-it-yourself type of legal proceeding, you should hire an attorney with experience in family law who practices in or near the county where the court that issued the existing order is... View More
Q: Can I prevent my son from meeting his felon grandfather?
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
John Herbig
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answered on May 7, 2025
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answered on May 7, 2025
Without any custody Orders in place, you wouldn't be able to stop the Father from taking the child to meet his Grandpa.
If you file a petition in Suit Affecting the Parent Child Relationship, you can ask a Court to enjoin the child from seeing the Grandfather, but you will have to show... View More
Q: Can I prevent my son from meeting his felon grandfather?
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
John Michael Frick
answered on May 7, 2025
answered on May 7, 2025
Theoretically, you can file an original suit affecting the parent-child relationship to establish a legal custody order and ask the court to enjoin the father from allowing the child to see the grandfather. This may or may not be granted depending upon the facts and circumstances of your... View More
Q: How can I access legal aid for divorce in Texas with assets and child custody involved?
I can't afford a divorce lawyer, and I'm concerned about the division of assets and child custody. I need guidance on accessing legal aid services in Texas to handle these issues. How can I proceed with getting the support I need?
John Michael Frick
answered on May 5, 2025
answered on May 5, 2025
Contact a legal aid clinic in or near the county where you reside. There are several throughout Texas. Most routinely handle family law matters like divorce and child custody. For example, Texas Rio Grande Legal Aid can be reached at www.trla.org
2 Answers
| Asked
in
Domestic Violence, Child Custody, Appeals / Appellate Law and Family Law
for
Texas
on
Q: Can an unmarried mother challenge a judge's order to return to Texas after domestic violence?
I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More
John Michael Frick
answered on May 2, 2025
answered on May 2, 2025
Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.
Normally, in a divorce situation, a court cannot order an adult to return... View More
Q: How do I file for joint custody when the child lives in Texas and I live in Waukegan?
I want to file for joint custody of my child. I have not spoken to the other parent yet. I prefer to go through the courts rather than discussing it directly with her. Currently, my child lives in Texas, and I live in Waukegan. How do I proceed with filing for joint custody under these... View More
John Michael Frick
answered on May 2, 2025
answered on May 2, 2025
If there is no current custody order, you can file an original suit affecting the parent-child relationship in the Texas county where the child lives if the child has lived in Texas for at least six months.
If there is a current custody order, you should consult an attorney in the state... View More
Q: What steps can I take to respond to my ex-mother-in-law's custody suit in Texas?
I have been sued for custody of my son by my ex-mother-in-law, who currently has him living with her. She is trying to take custody by making false accusations against me. I need help understanding what documents I need to fill out to counteract the legal action she has taken. What are the best... View More
John Herbig
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answered on Apr 30, 2025
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answered on Apr 30, 2025
Depending on how long she has had the child, she might not have standing to bring suit, which would require you to file a Motion to Dismiss for lack of standing or a motion to strike petition.
If she has standing, you would need to file an answer as a first step and possibly a... View More
Q: Can my child's father conduct a DNA test without discussing with me as a co-parent in Texas?
I am the custodial parent of my 3-year-old daughter, with her father having visitation once a month. In our divorce decree, both of us are listed as joint managing conservators, allowing us to act on her behalf regarding non-invasive medical procedures. Recently, my daughter mentioned that her... View More
John Herbig
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answered on Apr 30, 2025
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answered on Apr 30, 2025
Generally if a parent is a Joint Managing Conservator, he is allowed to swab the child cheek to perform a DNA test. This is not considered an invasive procedure. If Father has concerns that the child isn't his, he could ask a Court to order a DNA test. If he has possession and access, he can... View More
Q: Can I transfer my ongoing California custody case to Texas?
I have an ongoing custody case in California that began in 2018. My ex-husband continually disputes the superior court judge's orders. We've been living in Texas for 16 months, and I want to transfer the case to Texas. A Texas lawyer told me it could be done, but it would cost $6000 to... View More
John Michael Frick
answered on Apr 24, 2025
answered on Apr 24, 2025
Because there is no procedure or mechanism for transferring a pending civil case from one state court to a court of another state.
If you filed the pending case and your ex-husband did not file a counterclaim, you might be able to dismiss your pending California case without prejudice... View More
Q: How can visitation be adjusted for a child starting pre-kindergarten when parents live over 100 miles apart?
I'm currently alternating weeks with the other parent for visitation, but we now live over two hours apart, more than 100 miles away. Our daughter is about to start pre-kindergarten in a few months, and we don't have any existing court orders for visitation. I've tried discussing the... View More
Rafee'a S. Majeed
answered on Apr 16, 2025
answered on Apr 16, 2025
It sounds like you have existing court order that doesn't address this issue. If that is correct, then you would want to file a Petition to Modify the Parent-Child Relationship because you are asking the Judge to change an existing court order.
You are asking the Judge to change in... View More
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