FAQ's
Question:
My birth certificate has my birth father's last name on it, but I have used my stepfather's name since I was 3 years old. All of my important records are in my stepfather's name. I never legally changed my name.
How can I legally change my last name to my stepfather's name?
Answer:
If a court never ordered a name change, an Original Petition for Name Change may need to be filed on your behalf.
Question:
My ex girlfriend and I have a three year old son. She moved out and left my son with me. She misses scheduled visits and has not kept her promise to share in the finances of raising him. She is a sales manager.
I think my son deserves money from both his parents. Can I file for child support and how long will it take to receive the money?
Answer:
You can open a child support through the Office of Attorney General without incurring the cost of hiring an attorney. The Office of Attorney General may handle your case administratively by first scheduling a meeting in the Office. This administrative route of handling your case could expedite your case, but every case is not handled administratively and the OAG caseload is large. If you are able to afford a private attorney or can raise funds to hire a private attorney, your child may start receiving the support he deserves quicker.
Question:
My ex-husband and I had an appointment with the Office of Attorney General to review his child support for an increase. He quit his job as a special education teacher. . . . will they lower my child support now?
Answer:
The Office of Attorney General usually reviews support obligations every three years for a possible change (modification), either up or down. If your ex-husband terminated employment because he believed his child support was going to increase, he probably will NOT agree to the increase. Critical evidence supporting your allegations of voluntary unemployment or underemployment will need to be brought to the Judge's attention.
The judge MAY see your ex-husband's actions as a reason to set support based on his ABILITY to earn, not unemployment benefits or wages from the new job, especially if they are considerably less that the teaching position.
Question:
My husband would like to adopt my adult son. My son is 30 and hasn't heard from his father since he was one. We separated right after he was born and we never went to court. I would like to know if we can handle the adoption ourselves or do we have to use an attorney?
Answer:
If you choose to represent yourself, there are some basic things you can do: Gain knowledge in whatever area of the law your case involves; and 2. Make sure you are aware of the requirements of the court(s) where your case will be filed; and 3. Begin to compile/request copies or duplicates of any records, which may be needed in your case.
There are a lot of experienced Texas Family Law Attorneys. You may want to consult with an Adoption Attorney or firm representative to discuss further details of your case. In addition to drafting petitions/suit, there are other concerns including filing the petition, specific court requirements, procedural issues and general expertise of the law, which may best be handled by an attorney.
Question:
I have been to court and I was given visitation rights in the order, but my ex never let me visit with our daughter. I usually start calling about a week before my scheduled visits. Even though I notify my ex in writing and leave tons of messages, I can't find my daughter when it's my turn to visit on the weekend. My ex is completely ignoring the court order. What can I do?
Answer:
Your rights can be enforced in Court by filing a Motion to Enforce Visitation. Dependent upon the clarity and enforceability of your order and the actions of the other party, your Motion may be filed with contempt. You may be already doing this, but you should document the times your ex is denying visits.
Keep an excellent visitation log of your requests for visits, including dates, times, circumstances, and outcome of your request. Even if the police state they cannot enforce your order (sometimes they don't want to get involved), keep copies of police reports if you are calling them for assistance. This paperwork will become vital proof or evidence once your case is filed in court.