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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, if I'm paying child support am I also responsible for paying for child care?

I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

1 Answer | Asked in Real Estate Law and Family Law for Texas on
Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course,...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What does “order to come” mean after a party doesn’t show up to court for a motion to enter hearing in family court.

The motion to enter was a final order that was agreed to in court on record and approved by judge. We just needed judge,plaintiff and defendant to sign but defendant didn’t show.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

"Order to come" is not a technical legal term with a defined meaning, so that phrase should be given its ordinary and customary meaning in the context in which it is being used.

There is a legal document called an "Order to Appear" which is commonly used to compel a...
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2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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2 Answers | Asked in Family Law and Probate for Texas on
Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?

The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the...
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2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

Most custody orders require a parent to provide to the other parent such records. If you do not have a custody order, there is no independent legal obligation on your part to gather together and provide such information. Your adult son has the right to obtain his own medical records from his own... View More

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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband cheated and had a baby during our marriage

Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?

Not to mention... View More

Rob  Musemeche
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answered on Apr 6, 2024

I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:... View More

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband cheated and had a baby during our marriage

Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?

Not to mention... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 6, 2024

Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.

The community estate consists of any property that was acquired during the marriage (except for...
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1 Answer | Asked in Family Law for Texas on
Q: In Texas, if a mother is drinking alcohol and smoking while she is pregnant, then can she be criminally charged?
John Michael Frick
John Michael Frick
answered on Apr 3, 2024

A mother has committed a crime in Texas if she "intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment."

Mere...
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1 Answer | Asked in Family Law for Texas on
Q: In Texas, if a mother is drinking alcohol and smoking while she is pregnant, then can she be criminally charged?
Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 4, 2024

Texas penal code state that a fetus is considered a person, There's currently no laws that say drinking during permanency is illegal could you be given a contributing to a minor " ticket if you drank while pregnant in Texas?

Texas penal code section 1.07 (a)(26) provides that the...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2024

In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or separate generally is marital property regardless of... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

if you answer was same rule every inherence property During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or... View More

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1 Answer | Asked in Estate Planning, Divorce and Family Law for Texas on
Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I finalize an AJ report for custody. The AJ report was written by the judge. What steps do I take to get it final
John Michael Frick
John Michael Frick
answered on Apr 1, 2024

Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More

3 Answers | Asked in Family Law for Texas on
Q: My nephew has medical power of attorney over me. Does that give his wife authority too?
John Michael Frick
John Michael Frick
answered on Mar 27, 2024

No. When you sign a power of attorney, only the person you designate as your attorney-in-fact has the powers set forth in the instrument, not that person's spouse. Even if your attorney-in-fact were to die or become disabled, his powers would not pass to his wife unless you specifically... View More

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