Skip to main content
Patricia Faye Bushman

Patricia Bushman’s Answers

967 total


  • What age can a child legally declare which parent they want to live with?

    My 13yr old niece wants to live with her dad. Her mother is willing but doesn't want to pay child support nor end if for herself. The child has been displaying defiant behavior, getting into serious trouble. What actions does her dad need to take ...

    Patricia’s Answer

    A child gets to decide where he/she lives at 18. At 12 a party can ask the Court to interview the child and they must (but they don't like to).

    If dad wants custody, he should file a modification. Have him talk to a good family law attorney to discuss his options.

    See question 
  • Is there any kind of letter that my ex can sign and have a notary sign it stating that I give her money for our kids?

    My ex and I have been seperated since September 2012. She doesnt want to put me on child support so we came to an agreement that I will pay her rent each month on the 4th in the amount of $900.00 as support payment for our 2 kids. I just don't wan...

    Patricia’s Answer

    There are a couple of ways it can be done. A simple statement, notarized (you each keep an original) is easiest, but she can claim you didn't make the payments after you signed. Setting up a joint bank account that is titled "child support" where you make the deposits and she can withdraw can work, and show proof of exactly what you deposited. The best way is to have a child support order, so the state keeps the records and no one challenges them.

    See question 
  • I would like to see if I can have the parental rights of my son's biological father terminated.

    I would like to see if I can have the parental rights of my son's biological father terminated. He has not seen his son in over 5+ years and is a convicted felon and drug dealer. My current husband of 4 1/2 years is ready to adopt my son as well. ...

    Patricia’s Answer

    You certainly have grounds, but there can be a lot of factors. Contact a good family law attorney to discuss your options.

    See question 
  • Visitation is scheduled for Friday at 6:00 to Sunday at 6:00 p.m. but Im not able to get him until Sat @ 8, can she stop me?

    I work late this Friday and I advised my former spouse that I will not be able to pick up son until Saturday at 8. she said no, I can not get him.

    Patricia’s Answer

    This is a hole in the law. While you have the right to possession for the entire weekend, she is only in contempt if she doesn't turn the child over Friday at 6. she should work with you for the good of the child, but you can't make her work with you.

    You do have another option. Most orders say you can send a competent adult to pick up the child if you can't do it. Let her know who you are sending, and be sure it is someone the child knows. If she doesn't turn the child over then, she will be in contempt.

    See question 
  • How do I file a law suit for travel expenses related to a case that has been unresolved for over a year?

    My child custody case in Harris Cty, TX has incurred travel expenses in excess of $20,000 over the course of a 1.5 years.

    Patricia’s Answer

    who do you want to sue? Some expenses may be resolved when the case is finished, but probably not most. It is unlikely you would prevail in any suit for the expenses.

    See question 
  • How can I change my sons last name?

    My son is now 7 and has been asking me if he can change his last name to my maidan name (he has his biological fathers name). I am now married to husband of two years and we share his last name. My sons biological father has not been in his life f...

    Patricia’s Answer

    The short answer is no. The bio dad will have to agree, and it will involve child support, visitation rights and everything else. Your husband might be able to adopt, and then you can change it to his last name, and get bio dad out of everything. Talk with a good family law attorney about your options.

    See question 
  • What can I do to make things better from some wrong choice of words? My grandkids attorney thinks I have damaged them!

    After a custody trial at court between my daughter and her ex, my 8 yr. old grandson asked me who won.' I did not understand what he was talking about, so I asked him to explain. He said, "in court today...who won?" I then explained that it was ...

    Patricia’s Answer

    Your daughter will be the one to decide if you are part of the kids lives, not the attorney. If your daughter allows her attorney to put it in, there can be an injunction against you. There is not much you can do about it, if your daughter allows it.

    Kids often know about Court, without anyone telling them directly. That being said, it is not your place to discuss it with the child. You should not have told him anything except not to worry about it.

    See question 
  • What can i do when child doesnt want to leave with her dad and is his time to get her?

    He took her yesterday for the first time he takes her n has to bring her back at 6pm because she is only 21 months he comes n gets her again on sunday but she starts crying n kicking to the point that she turns purple n throws up on herself she cr...

    Patricia’s Answer

    The child doesn't get to decide when she goes to see her dad (or go to school, or do any of a thousand other things that kids don't want to do). If there is a Court Order, then you don't get to decide either. If you don't send your daughter, you are teaching her how to get what she wants, and you are risking going to jail or even losing custody. A Court will not accept "she doesn't want to go" as a defense.

    See question 
  • If my ex lied about not living with the guy she with can she still battle again Custody for my son ?

    A few months back me and my ex battle Custody for my son and i won the case the judge sign the papers and everything , but now she wants to Re-appeal the Custody for my son . But she lied about her not living with the guy she with , and the judge ...

    Patricia’s Answer

    It doesn't take much to file, but that doesn't mean she will win. you will need a good family law attorney to defend your rights if she does file. Go after her for the support.

    See question 
  • How can I obtain emergency custody of my granchild?

    Mother is addicted to drugs and child's father is incarerated. Mother is trying to move out of state.

    Patricia’s Answer

    Texas law allows for grandparents to file for custody if the children are in danger. You need to file before she moves out of state. Contact a good family law attorney to discuss your options.

    See question