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Questions Answered by Chad Zubi
1 Answer | Asked in Criminal Law for Texas on
Q: can I get a free lawyer for my son in custody charged with aggravated assault with a deadly weapon

my son is in jail for bond forfeiture charged with aggravated assault with a deadly weapon he did nor commit this crime has never been in trouble before

Chad Zubi
Chad Zubi
answered on Jan 26, 2022

Defendant's who cannot afford counsel can request the court to appoint counsel to represent them. Appointed counsel are often excellent lawyers and the reputation they have in some circles is unwarranted. However, if the court finds that your son can afford a lawyer then you cannot be... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If someone is out on bond and never missed a court hearing, but didn't check in with bond officer for two months

This person still showed up at court knowing a warrant was out for bond conditions violation by not reporting the two months before this court date. I've been researching and everything I find about bond is the fact that bond is made available to insure the person shows up to court and... View More

Chad Zubi
Chad Zubi
answered on Jan 26, 2022

A court can order bond conditions that you must fulfill in order to remain out on bond. That is even though the underlying idea behind bail is to help ensure that a person awaiting trial will appear in court. If the judge made reporting to a bond officer a condition of your bond then you must... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Threatening to bring a gun to school and shoot people. She DID not go through with it, she was just being STUPID online.

shes never even SEEN or TOUCHED a gun before in her LIFE! Please no Rude responses. Im a NORMAL mom whose family have been SHOCKED by HER child threatening to do a school shooting. Shes 13yo and she said she was BORED. This is in Texas. She was charged with 3RD Degree FELONY. SHes an A/B Student,... View More

Chad Zubi
Chad Zubi
answered on Jan 26, 2022

First, you need to take a deep breath and relax, suicide is never, ever, the answer to anything. I encourage you to discard such thoughts and to stand tall and persevere for yourself and for your family.

That being said, you need to have a qualified criminal law attorney examine...
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1 Answer | Asked in Divorce for Texas on
Q: Can I file for Divorce on my own without a lawyer if my spouse is incarcerated?

Its a mutual agreement. We don't have kids, property or any kind of attachments together.

Chad Zubi
Chad Zubi
answered on Jun 1, 2021

You have the right to represent yourself in a divorce, but the better course of action is to obtain the help of competent counsel who can assure that your rights are secured and that you correctly follow all procedures. Costly mistakes can result from minor procedural mistakes.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do we have to force my 7 year old stepdaughter to go on her visitation time with her mom? She begs us not to.
Chad Zubi
Chad Zubi
answered on May 27, 2021

Hello and thank you for the question. If there is a court order in which the mother is entitled to visitation then the seven-year-old child must go whether or not they desire to. So in essence the other parent has to force her to go.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was with my common law wife since around 2008:we just septated and I ended up leaving with nothing. We agreed to put

Items in storage. Now she won't let me have the rest of my things. What should I do on a Military Pension so only have $1100 a month.

Chad Zubi
Chad Zubi
answered on Mar 4, 2021

You should consult a lawyer about this situation, there are many lawyers who offer free case evaluations. In general you may file a petition for divorce and as the case proceeds there will come a property division. In the meantime you may be able to obtain temporary orders, but this is not legal... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What are my steps to help secure at least 50 50 custody of our 3 kids during divorce?

Neither one of us are unsafe around them. I just dont want to lose them if we end up getting divorced. What are my best options as the husband to help keep it even time?

Chad Zubi
Chad Zubi
answered on Jan 18, 2021

One thing that courts consider when devising a parenting plan is how much each parent is involved with the children before the divorce, being a big part of the kids' life can have a big impact on the result of a child custody case.

That being said, the standard possession order is...
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1 Answer | Asked in Divorce for Texas on
Q: In divorce if I pay all bills and I am sole person on mortgage can I get house in divorce but he is in title
Chad Zubi
Chad Zubi
answered on Jan 3, 2021

If the house was acquired during marriage then it is community property and is subject

to division, regardless of who is on the title or mortgage.

That being said, it could be that you keep the house and the debt that goes with it, but he gets more of something else that...
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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: At what age can a child decide on their own which parent they want to live with?
Chad Zubi
Chad Zubi
answered on Aug 10, 2020

They can decide on their own when they are 18, but a court is required to take a child's opinion into consideration if they are aged 12 or up, if they are under 12 then the court may or may not take their opinion into consideration. The child's opinion is not controlling and the court... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my girlfriend deny me from picking up my 18 month old daughter without her being present?

I always have to wait for my girlfriend to get out of work before I can see my daughter. She is always left with my gf's parents. My gf and I do not live together. There is no court order. I do have her covered under my health insurance and help provide financially.

Chad Zubi
Chad Zubi
answered on Jul 27, 2020

Without a court order saying otherwise, you have the same rights that she does. Therefore, you can pick up your daughter whenever you want to, even if the mother is not present.

Without a court order, the mother can keep the child from you and you can keep the child from the mother. To...
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1 Answer | Asked in Child Custody for Texas on
Q: Custody havent been able to see child. No contact no phone number no address. Want to see my kid.

My husband has had a on going issuse with getting his son. The mother will not let me have him. She wont return phone calls or texts. I have no idea where she lives or works.

Chad Zubi
Chad Zubi
answered on Jul 9, 2020

If there is a court order in place regarding the child then an enforcement would be a proper route to take. A Writ of Habeas Corpus can be filed for the purpose of the mother being ordered to hand over the child at a specific place and time if the father has a legal right to have them (pursuant to... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: i have a 17 yrs old daughter that has been living with me, and her mom is asking for child support?

i have a 17 yrs old daughter that has been living with me since she was 8 yrs old and her mom is asking for child support since she born......what can i do to get her to pay me child support, we went to court but she said my daughter was living with her and the judge didn’t do anything, even when... View More

Chad Zubi
Chad Zubi
answered on Jul 9, 2020

If your daughter has been living with you and the court order gives the mother the exclusive right to designate the daughter’s residence, then you could ask the court for a modification of the old order.

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas in 2017 my husband filed a petition for divorce and then a notice of nonsuit without prejudice. Lied on

He lied about us having a house. What can I do?

Chad Zubi
Chad Zubi
answered on Jul 3, 2020

If you file for a divorce and get a case started again, then you can explain to the court, at the proper time, and use the proper pleadings and documents, to show that you don’t have a house. I suggest getting an attorney to help you with the divorce.

1 Answer | Asked in Family Law for Texas on
Q: Am I obligated to sign a final court order for the mediation agreement? Something we had agreed on was left out
Chad Zubi
Chad Zubi
answered on Jul 2, 2020

You aren’t obligated to sign it unless the judge orders you to sign it. That being said, the order may be entered without your signature if the judge finds that it is in compliance with the mediated settlement agreement.

2 Answers | Asked in Banking and Family Law for Texas on
Q: My mom and dad are separated but not legally divorced. Is her personal bank account at risk if he got into a lawsuit

We all currently live in the state of Texas for now. They have a joint account and then she has a personal account with only her name on it. I am trying to figure out if he or someone else could take money from her account in this case due to a lawsuit. If so, what can we do to protect her account?

Chad Zubi
Chad Zubi
answered on Jun 14, 2020

Everything acquired during marriage, regardless of whose name is on it, is community property which is subject to a just and right division. The items that are not community property are called separate property and consist of items that are gifts, inheritances, and personal injury awards other... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person is alleged stealing from a store but the store camera wasn't working, is video from a customer admissible?

If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?

Chad Zubi
Chad Zubi
answered on Jun 11, 2020

It really depends on whether or not the video can be authenticated. Generally speaking it is possible that the video could be used.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband has my son but he wont let me see him or even talk to him what can i do?
Chad Zubi
Chad Zubi
answered on Jun 5, 2020

You can file a suit affecting the parent child relationship or file for divorce. The parentage suit will handle child visitation and rights and duties regarding the child. The divorce handles the same issues regarding the child but also deals with property division and maybe other issues... View More

1 Answer | Asked in Child Custody for Texas on
Q: What is the first step I could take into filing for custody or atleast supervised visits against a parent that is nonfit

I say the parent is nonfit because I know drugs are involved an more then likely he uses. I have standard visitations right now but hate feeling like I have to still send her for his weekends, when in the back of my mind I know something could happen to her, but I feel if I dont allow her to go I... View More

Chad Zubi
Chad Zubi
answered on Jun 5, 2020

Your question says he has visitation. If there is an order in place and there has been a material and substantial change in circumstances, then you can ask for a modification from the court if such a modification would be in the child’s best interest.

If there is no order then you...
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1 Answer | Asked in Family Law for Texas on
Q: What recourse is available if spouse didn't do fdf after30 days of filing counter? Can decree be final wo my agreement?

He took all money & cancelled credit. I have no legal counsel. He has not followed court orders to pay bills or give me agreed amount to live on as per standing orders. I want what I am entitled. He has denied me dental care and medical care, but spent 300k on a car and is on his second while I... View More

Chad Zubi
Chad Zubi
answered on Jun 5, 2020

I'm not sure what you mean by "fdf" and about what exact timeline of 30 days you are referring to. It is possible that if you are the respondent and haven't filed an answer then a default could be taken against you, there are other ways an order could end up being entered... View More

1 Answer | Asked in Divorce for Texas on
Q: I have been separated from my spouse for over 12 years now, do not where my spouse is and they are an illegal immigrant
Chad Zubi
Chad Zubi
answered on Jun 5, 2020

If you want to terminate the marriage then you can file for a divorce and if your husband can’t be found then a lawyer can help you ask a court to fix that issue. To terminate the marriage you still need a divorce even if you have been separated for 12 years.

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