John B. Polk’s Answers

John B. Polk

Dallas Child Custody Lawyer.

Contributor Level 6
  1. Is there a legal the motivation for dad not seeing the kids?

    Answered over 2 years ago.

    1. Christopher Jay Harding
    2. Cortney Harrison Bethmann
    3. John B. Polk
    3 attorney answers

    Generally, I agree with the other posts, but have you considered you're being set up? Often we see cases where a claim that increased possession, or even custody, is in the best interests of the child(ren) where the custodial parent is accused of 'parental alienation.' Such a claim usually gets a judge's attention before any offer of proof (which, admittedly, is difficult to establish without expert testimony from a social worker, child counselor or psychologist). But, warning signs to look for...

    1 person marked this answer as helpful

  2. Temporary orders not filed in Petition for Modification

    Answered 23 days ago.

    1. John B. Polk
    2. Michael Glynn Busby Jr.
    2 attorney answers

    A petition to modify any features of the visitation schedule is something that can be set for a temporary order, the result of which could cause certain changes to go into effect immediately. Whether her claims that a modification to the possession schedule is in the best interest of the child(ren) or not, the bigger question is whether what she's asking for works in your life, with your schedule, with your child's schedule, etc. If your response to her petition is to file a motion to dismiss,...

  3. Can I be taken away from my mother?

    Answered over 2 years ago.

    1. Christopher Jay Harding
    2. John B. Polk
    2 attorney answers

    You're old enough to know what your father is telling you is inappropriate. His comments to you have obviously concerned you and prompted you to go so far as this. That alone speaks to how inappropriate his decision to burden you with his issues. You are well within your rights to ask him to leave you out of such discussions. Ask him to consider how awkward his comments male you feel. I was right where you are as a child, with parents who wouldn't leave me or my sister put of it. It's sad. But,...

  4. Can a notorized letter modify our visitation that was set up in our divorce decreee?

    Answered over 2 years ago.

    1. John B. Polk
    2. Christopher Jay Harding
    2 attorney answers

    To the extent that the letter may constitute an agreement to modify the possession order. The Texas Family Code permits certain modifications as to custody, visitation, and child support so long as the agreement is in writing and filed with the Court. How specific the written agreement is or isn't would only go to the enforceability of it. Signing the agreement before a Notary helps, but the real requirement is that it be filed with Court. Other requirments are required if there is a custody or...