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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If my brother has primary custody of his minor daughter, can he designate POA or does mom automatically get authority?

My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2022

If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over... Read more »

1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: During a jury trial can the judge determine the verdict before(In pretrial) and it never even makes it to the jury?

This is not a criminal case. Even in a jury trial could the judge still determine the outcome basically?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Aug 14, 2022

A jury determine the issues.

2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: in a pretrial of a contested will(family law) can it be dismiss?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 11, 2022

This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I'm coming out of a domestic violence relationship and now CPS is involved and placed her with the danger. Need help

My ex has an assault charge and no contact order was put in place. He violated his no contact and now his bail is up and placed on GPS monitor. CPS got involved because of him and they have stupidly taken her from me and placed her with her father which is the danger. I really need some help please

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Aug 10, 2022

You need to retain a lawyer asap

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My husband & I are recently separated. My husband has been working out of town & staying with his brother. Today he came

To pick up my son, along with my son’s belongings & take him with him without my knowledge or consent. He stated that he would be enrolling him in school in the town that he is currently working. My son is already enrolled in the school district that he has attended since kindergarten. He is... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Aug 9, 2022

If there are no court orders he can do that. You biggest problem is your son wants to live with dad. A judge may let a 15 year old live with his dad.

1 Answer | Asked in Family Law for Texas on
Q: Can you leave your daughter in the state of Texas with her father if he’s not on the birth certificate
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Aug 6, 2022

Yes. You can leave your child with her father

1 Answer | Asked in Family Law for Texas on
Q: If a wrecked vehicle was repossessed by the lien holder am I still responsible for the payments ?

My insurance grace period expired 2 days before accident. The Leinholder sold the wrecked vehicle for 800 dollars and by time all extra charges were on there ended up being same amt owed. If they repossessed it then it’s theirs right ?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 5, 2022

You are responsible for any amount that would be owed after you deduct what they received for the vehicle,

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I had a lawyer file everything, but I cannot afford them to be at the trial/pre-trial for visitation. What should I do?

I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 4, 2022

Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Will i be able to cancel a notarized letter giving a family member legal rights of my child at any time?

My daughter will be living with my aunt. She will attend school in texas and my aunt is asking that i sign a notarized letter to give up legal rights decision making of my daughter along with social security card.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

You should certainly speak with an attorney before you proceed with this course of action. You want to ensure that you are not giving to your Aunt more rights or responsibilities for your child than you intend to in this situation. An attorney may be able to help you draft a document that... Read more »

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: How do I go about getting custody papers changed regarding claiming all the children as dependents on taxes?

The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and... Read more »

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Texas on
Q: If land is owned by multiple people and only one of those people is living, does the living person have 100% ownership

If the deceased people have children, does this entitle the children to part ownership of land, or do the living original owners now have all the remaining ownership? Example: 6 Original Owners, 5 are deceased but have all have children, one original owner is living. Will the 1/6 of ownership be... Read more »

Ross F. Tew
Ross F. Tew
answered on Aug 1, 2022

It depends. Did the six original owners take title as joint tenants with right of survivorship? If so, then the entire property belongs to the survivor. It would be surprising if that were the case, but not unheard of. You need to sit down with an attorney who can examine the title to the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can screenshots sent from someone else be used in child custody court in Texas?

The screenshots are referencing prostitution and other things such as drugs going on around the child while in with the mother. The person that sent them did so from a phone number but doesn’t want to identify themselves because they do not want to be involved with the whole court situation.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 31, 2022

You need to have the person that sent them to you be witness in court or you can't use them

1 Answer | Asked in Family Law for Texas on
Q: My question is if a biological father is absent for 15 months?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 31, 2022

You did not ask q question.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Texas on
Q: If my child is with temporary kinship care can I still visit with and see my child in Texas?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 29, 2022

Did you sign a safe agreement with CPS. The answer is in that agreement,

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Texas on
Q: After a temporary order , and finishing the order. Can the other party have a right to order a test without reasoning ?

I finished my life time recovery program on June 9th,2022. I was served a random court date for a hair and nail test. This started when I admitted to my husband I used when my son wasn't around. Due to the mental health and illness I was going through , I never had a criminal or drug history... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 29, 2022

If you are ordered to do a drug test you need to get one done asap. If you used you need more treatment,

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jul 28, 2022

Hello-

If you can't afford a lawyer, your best bet may be to ask the court to appoint you an attorney. Typically the court will want you to fill out some paperwork swearing that you are indigent (have no money). Very few attorneys advertise themselves as "pro bono" and I...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for Texas on
Q: My wife gave me an STD that I can’t get rid of at all while she was having an affair.

This is the second affair in eight years but on the second affair like I said she gave me an STD that will be with me for the rest of my life what legal action in the state of Texas can I take besides divorce and we are separated right now and been separated for a year.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 28, 2022

You may be able to sue her if std but it may be hard to prove and if she does not have money waste of time

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: How can I get a restraining order reversed because the order was filed against me based on true statements?

I cannot see my son and he has a restraining order on me that came with the custody paperwork, I think. I have a hearing on 8/2 or 8/9 to handle the temporary restraining order but I cannot go that long without my son. I have never been away from him that long. He claims I am unsafe with my son but... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 27, 2022

Retain a lawyer and maybe they can help you

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: cps wrongfully removed my son court of appeals deamed cps overlay used disgresion and lied happiescorpus ignored

happiest corpus was signed by a judge to return my son but it was ignored no one was held in contempt of court the two gay men have him and we are supposed to have him back in our custody but we haven't even seen him in over a year what do i do to make them abide by the happiest corpus?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 25, 2022

You need to retain a lawyer or fet a court appointed lawyer,

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can I change last name of a baby if the mom and granparents say no?He has granparent last name?took dna n pay support
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 23, 2022

You want to change the last name of "a" baby? Is the baby yours??

If the baby is yours, you can file a petition for a change of last name for a child. If Mother disagrees, you would have to explain to the Judge your reasons for wanting the name change.

I hope this...
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