Skip to main content
No photo

Kathleen Robbins’s Answers

672 total


  • Can I modify my decree as soon as I move to the city/state that my son is at or do I have to re-establish 6 mo residency?

    I'm looking to modify on grounds of "substantial change in matter and circumstances". Any responses are welcomed but I would like to see a reference to a state or federal law. I'm moving from TX to AZ. I attempted to modify in TX and had the heari...

    Kathleen’s Answer

    Your orders show a material and substantial change - but it hasn't happened yet - that's the problem. When you move to Ariz., you will have to wait 6 mos modify (you didn't say what you want to modify). Once your child has been Ariz 6 mos., you would file Petition to Modify in the Texas court and then immediately file a Motion to Transfer to Ariz court. If that is where the child is living for 6+ mos., it has to be transferred. Then you would proceed in the Ariz. court.

    See question 
  • Will CPS take my newborn &my two older children away from me ?

    I just found out i was 5months pregnant 2weeks ago .. i have two older children.. ive been smoking marijuana but as soon as i found out i was pregnant i quit .. ive been seen a clinic dr and she keep telling me shes finds marijuana in my system.. ...

    Kathleen’s Answer

    Marijuana will continue to show up for 30 days after you stop using. Stop. Keep seeing the doctor regularly. The doctor will know that you have stopped. When the baby is born, you will be tested for drugs. If there are no drugs in your system, cps will not take your baby. If there are drugs in your system that you do not have a prescription for, cps will remove all three of your children. You will have to do a number of things to get your kids back - but if you do them, you will get the kids back. Smartest thing: no illegal drugs. Eventually marijuana will probably be legal for personal use. Until then DON'T USE IT IF YOU HAVE KIDS!! You don't need a lawyer at this point, but if you don't stop using marijuana, you will.

    See question 
  • What kind of attorney do I need?

    my kids have not been with their mother for six months but she will not let me have them but she is collecting childrend support what do I do?

    Kathleen’s Answer

    It sounds like mom had child support set up through the Attorney General (OAG). They usually include a visitation order. You can get a copy of that. It usually gives you weekend visitation on the 1st, 3rd, and 5th Friday of each month and some holidays. You have to show up at 6 pm on those Fridays to pick the kids up. Good idea to bring someone with you. If there is an order that gives you visitation, you have to go get the kids - doesn't matter if she says no. You can't say she would let you have them until you show up to pick them up. Once you've done that 3-4 times go to attorney with your paperwork that says you have visitation. the attorney will know what to do to get you your visitation.

    See question 
  • Court Ordered GED

    Okay well, My mother gave me permission to get my GED but when that decision was made she took a while to withdraw me from school. And that caused the school to file truancy on me, I went to court and they court ordered a GED and to go to GED Pre...

    Kathleen’s Answer

    You need an attorney in Princeton TX. YOu need to give the attorney all your documentation toward getting your GED. The court may say you have to take the GED in 60 days or they will put you in juvenile or on juvenile probation.. Or the court may say - OK your working on it, you are in Tyler now, we are going to let Tyler take over. If you can't afford to hire an attorney, you can turn yourself in to the court and they will probably appoint an attorney for you. But you will probably be in juvenile detention for a few days.

    See question 
  • I am trying to get my 12 year son a passport, but I am stuck. His father has been missing since 2003. There has been a FBI & Loc

    I am trying to get my 12 year son a passport, but I am stuck. His father has been missing since 2003. There has been a FBI & Local missing persons alert ever since. What can I do about getting my son's passport approved without his fathers consent...

    Kathleen’s Answer

    Since you are not married, did you ever go to court and get child support set up? If so, you can take that court order and file a Petition to Modify it. You would add that you can get a passport without dad's consent. You will have to serve dad by publication, the court will appoint a lawyer for dad. You will have to pay your lawyer and the lawyer for dad. If there has never been a court order naming him dad and ordering him to pay child support, you will have to file a Paternity suit. Still have to serve dad by publication, the court will appoint an attorney for dad and you will have to pay both attorneys. If there has never been a paternity order and dad never signed and filed an Acknowledgment of Paternity, (AOP) you can say there is no legal father and you don't who the father is. If there is no DNA testing and no AOP, then your child has no legal father.

    See question 
  • Hello, I lost custody of my two children three years ago. I didn't have a lawyer and I feel like the decision was unfair

    He had a lawyer and I had to fight by myself. I didn't know the law and I feel like he won due to that. I have witnesses to prove I was a great parent but the damage was already done

    Kathleen’s Answer

    Often if you don't have an attorney and the other person does you lose. The attorney knows the way to put on testimony and witnesses to tell the judge their story. You don't, so the judge doesn't hear your side. However, if you chose to represent yourself you still have to follow the law. You didn't mention what your visitation is. It is important that you exercise your visitation and stay in the kids lives. You need to get a copy of the court order that gave him custody and take it to an attorney. The attorney will help you figure out what you can do - or not do.

    See question 
  • How can I see my kids again?

    My ex husband has legal custody of our two girls and I don't get too see them. He lives in Texas as do I . I've emailed him and asked if I could see them and he never responded back. Please help.

    Kathleen’s Answer

    It sounds like you were not in court when your ex got custody. You need to go to the court and get a copy of the divorce decree. Then you need to take that to an attorney and figure out what you need to do. You were probably ordered to pay child support, so you may have some catching up to do there.

    See question 
  • My obligation for Child support was removed in 9/2014, I signed a wavier of my voluntary MY RIGHTS Step father adopted my kids

    according to mediated full and final settlement, as well a mutual release in which All past due/present, future obligations were removed. Ex was to assist in providing docmentation to OAG 10 MONTHS AGO. In May 2015 the OAG child support unit W...

    Kathleen’s Answer

    Once there is a mediated settlement Agreement (MSA) that is put into a final order that is filed with the court. Once the judge signs it, it is a final order. That order has to be provided to the OAG - it tells them what to do.
    Go to the court your case was filed in; take your case number - its on the top of your MSA. Ask the clerk if a final order has been signed by the judge. If so, get a certified copy (get 2 - one for you to keep and one for the OAG). Then get a certified copy to the OAG. If there is no order, contact your ex's attorney and ask if he/she is preparing the final order. Until that order is signed the prior order which orders support, visitation, etc is still in effect.

    See question 
  • Where Do I File For Emergency Custody

    I have 2 cousins I'm trying to rescue. CPS is involved. CPS and law enforcement went to the home of my cousin on 7/7/15 to remove the children, however the family had evacuated the home and went to New Iberia Louisiana. The 10 year old was able...

    Kathleen’s Answer

    Mr. Baker gave you good information. Texas is probably still the home state of the children. If you want to do something, you will need to file a SAPCR asap and get the parents served in New Iberia. If the Harris County court (and call the CPS investigator to testify) gives you custody, you can pick the children up in La. - You will have a court order that La. law enforcement will honor. If you file and get parents served, you should have a hearing in about 30 days. Since you are not a parent or a person with court ordered relationship to the children, I think that is the fastest you will be able to get custody. Good luck.

    See question 
  • I reside in Texas. My husband is not on my mortgage nor on the title/deed for my house. Can I just kick him out?

    We have been married almost 10 years

    Kathleen’s Answer

    If you owned the house before you married it is your separate property. However, it is also the marital residence. So in order to move him out, you will have to file for divorce and get temporary orders that leave you in the house. In the final decree, if the house is separate property, it will be yours.

    See question