I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More
answered on Mar 18, 2024
It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).
Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove... View More
I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More
answered on Mar 18, 2024
This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More
answered on Mar 13, 2024
You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support
If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This... View More
My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More
answered on Mar 13, 2024
Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More
My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More
answered on Mar 11, 2024
A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.
A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 15, 2024
The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 11, 2024
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from... View More
My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More
answered on Mar 11, 2024
As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More
I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More
answered on Mar 11, 2024
Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More
Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?
answered on Mar 11, 2024
No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.
An "interference" charge can only be pursued if a conservator takes or... View More
They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More
answered on Mar 11, 2024
If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More
I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me
answered on Mar 9, 2024
I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:
1. Deployment orders: If your child was staying with your parents due to your military... View More
1. He earns almost 3x my salary. Does Texas support alimony?
2. He works for a liquor company and part of his contract includes equity in the company on a 5 year vesting schedule. In addition, if the company is sold prior to the 5th year, full equity participation shall vest. The company is... View More
answered on Mar 4, 2024
1. Texas law does provide for "alimony", which in Texas is called spousal maintenance, if the marriage has lasted at least ten years, or the spouse seeking alimony is disabled, or a child of the parties is disabled and requires the supervision of the spouse seeking alimony, or there is a... View More
I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More
answered on Feb 26, 2024
Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More
Hi
I have a quick question regarding my ongoing child custody evaluation. My wife recently traveled overseas and informed the court counselor that she has no plans to return to the US. At present, our children are living with me as per a temporary custody court order I'm not sure what... View More
answered on Feb 26, 2024
Since you have a pending proceeding, and do not have to be concerned with serving the original citation, you can serve your wife, or her attorney, with future notices electronically through the court's electronic file management system. This would include serving her with any notices... View More
The petition was filed I'm just filling out orders , I'm doing this pro se. I want to ensure paperwork is done properly. Since I'm doing it through efile when do I file order . Hearings in March
answered on Feb 26, 2024
A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.
If you are still married to your husband and your husband is the... View More
I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More
answered on Feb 25, 2024
Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:
1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by... View More
i live with my aunt and 8 OTHERS IN A 4 BEROOM HOUSE..i went to her and told her (mind you im 18) that im moving out bc i got in trouble and she is now controlling me with her "house rules" no one else has to follow but ME. i am afraid she'll kick me out if i try and take the phone i... View More
answered on Feb 24, 2024
As an 18-year-old, you have legal rights to your belongings, even if you're living with family members. If your aunt kicks you out, she cannot withhold your possessions from you. It is your right to retrieve your clothes, shoes, personal items, and anything else that belongs to you or your... View More
I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an... View More
answered on Feb 23, 2024
You can get divorced in Ecuador since you are a permanent resident of Ecuador now.
Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically,... View More
The custodial parent has moved to Texas from another state with our child. Neither custodial or non custodial parent live in the state that has jurisdiction over our case. I had moved from that state over 10 years ago.
Can we get the case jurisdiction transferred to Texas now that neither... View More
answered on Feb 23, 2024
Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.
A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child.... View More
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