Jennifer A. Broussard's Answers

If a my husband abandoned me and my children can he have a right to have them for the weekend even if they dont want to go?

If you live in Texas and neither of you has filed for a divorce, there is no court order which compels you to surrender the children to him for visitation. Because there is no court order compeling you to surrender the children to him, no court can find you in contempt, put you in jail or fine you for failing to do so. Having said that, it sounds as if you need spousal support and child support on a regular basis. To obtain that, you would have to file for divorce and ask for it at a...

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TX Requirements for non-custodial parent providing sleep arrangements

During your periods of possession, you have the sole right to determine the allocation of your assets among the children under your care. If your ex-husband wants to take you to court to complain about what he believes the arrangements to be (you may have told him so that he actually knows what they are) he will be unsuccessful unless he can show actual danger to the children. The arrangements you have described are not unsafe and, besides that, they are apparently temporary. Since your...

What's the procedure for Temporary Emergency Child Custody if the father is in CA & mother is in TX

If your former husband obtained a valid divorce and custody order in a foreign country and now lives in California with the children, you are going to have to fight the custody case in California. I do not practice in California and therefore cannot comment about their procedures.

Is it possible a Canadian father to get custody of a child born in the U.S. to an American mother?

The short answer to your question is, "yes, you can get custody." Your green card status is not the issues. Courts are governed by the "best interest of the children' rule. The courts look at who has been the primary caretaker of the children before the divorce, how bonded the children are to each parent, the emotional stability of each parent and the parenting skills of each parent. Fathers who bother to fight for custody, and most do not, have a 50/50 chance. The fact that you are...

I would like to have an uncontested divorce with my husband, but he doesn't want to pay child support.

This depends on what state and what county you live in. Unless you are very successful financially, I cannot imagine why you would agree to no child support. He owes the children support and the fact that he would even consider not paying child support speaks to his character as a person and a parent. Even if you made such an agreement, unless you can testify convincingly to the court that you have the financial ability to support the children without any contribution from the father,...

I want to know the proceedures to divorcing my husband who is an illegal allien and we have two children

Divorcing an illegal alien uses the same process as divorcing a US citizen. You must file a petition for divorce and get him served. There is a presumption that all property acquired during the marriage is community property. If he claims that the house is his separate property, he must prove that by clear and convincing evidence, which may be very hard to do. Assuming that he is unable to prove that the house is his separate property, the court can award the house to you, to him or have...

NV and TX family law, grandparents right to visitation and calls to grandchildren

I cannot speak to Nevada law. But, what little federal law there is on the question of grandparent access (your case) and grandparent custody (not your case) is not in your favor. The federal case law clearly states that biological parents have the sole right to determine who will have access to their children even to the exclusion of other family members, including grandparents. Texas case law has followed this philosophy. Though Judges may find this outcome repugnant, as a practical...