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Family Law FAQ

Frequently Asked Family Law Questions in Texas

Answers from knowledgeable attorneys in Lubbock

Dealing with family law issues can be confusing and stressful. But you can relieve a great deal of your anxiety by consulting Robert Reid McInvale, Attorney at Law. For more than three decades, we have helped our neighbors in the greater Lubbock area obtain practical legal solutions to family crises. We offer this brief list of frequently asked questions to help you get started:

Of course, there is no substitute for a face-to-face consultation with a concerned and dedicated attorney. When you are ready to speak, we are here to listen.

Consult an experienced family law attorney serving the Lubbock area

If you need additional answers to your urgent family law questions, speak with Robert Reid McInvale, Attorney at Law. Call our firm at 833-884-3087 or contact us online to learn more about your options. We’re proud to serve individuals and families throughout Lubbock and the surrounding communities.

What are my rights as a grandparent?

Under Texas law, a grandparent’s rights to visitation with grandchildren are limited, but a court can order visitation if it is in the best interests of the child and one of the following circumstances apply:

  • The parents are divorced.
  • A parent abused or neglected the child.
  • A parent has been incarcerated, found incompetent, or died.
  • A court order terminated the parent-child relationship.
  • The child has lived with the grandparent for at least six months.

Grandparents do not have a right to visitation if someone other than the child’s stepparent adopts the child. Grandparents who are providing a home for their grandchild should consider petitioning the court for legal custody. This allows the grandparent to request child support from the parents.

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Can I transfer my case from another state?

If you have an existing court order from another state, the courts of Texas must honor that order and may enforce any violation, such as failure to pay child support or failure to honor the court-approved parenting plan. If you or your ex is now a resident of Texas, you can petition the court to modify an existing family court order.

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I live in another state. Can I sue in Texas?

If you wish to file for divorce in Texas, or bring some other new action, the Texas court must have jurisdiction over the person or persons you are suing. For divorce, you must meet the residency requirement, which means that your spouse must have lived in Texas for at least six months and in the county where you will file for at least 90 days. For other actions, it is sufficient that a defendant be a resident of the county where you file your action, or that you file in the court of the county where the cause of the action occurred.

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Can I sue for money if someone has interfered with my child possession rights?

In Texas, civil liability attaches when someone intentionally interferes with a parent’s right to possess a child. This means you can sue for monetary damages, which include the costs of recovering the child, including attorneys’ fees, as well as compensatory damages for your mental anguish during the period of separation. In egregious cases, where the person interfering with parental rights acted with malice or intent to cause harm, the court can award punitive damages. However, a plaintiff parent has a difficult case because he or she must prove the defendant had actual notice of the court order allowing the parent to take possession of the child or at least had reasonable cause to believe the child was subject to such an order, and the defendant knew their actions were likely to violate the order.

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Can I collect unpaid child support even if my kids are fully grown?

There is no statute of limitations for back child support in Texas. That means you can continue collection efforts even after your children are grown and have left the home. In fact, you are entitled to reasonable interest on that unpaid debt.

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Contact us for help with your divorce, child custody, or other family law issue
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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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