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Questions Answered by Mr. Charles C Guidry
1 Answer | Asked in Child Custody for Texas on
Q: My son was awarded primary joint custody of his daughter and now the mother will not return the child what is the step?

We have called the police and we don't know what to do at this point

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 17, 2017

Seek an attorney to file a Motion for Enforcement

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Can my husband adopt my daughter without bio-dad's rights signed off first?

If my daughter's biological father has expressed multiple times (I've saved the messages passed back and forth) that he doesn't want to be in her life or have anything to do with her, and he doesn't pay child support, he isn't on the birth certificate and has never been associated as her father on... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 3, 2017

1. First petition the court to terminate his parental rights on the basis of ? years of not paying child support & lack of being in the child's life.

2. Get a Court Order to terminate the parental right of the biological father and then

3. Petition for adoption.

4 In some...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: My ex got the home in the divorce, only me on mortgage, but we are both liable for payments. What happens if we defaul

We are also both liable for upgrades to the house that we made before the divorce. The decree does not specifically state that the house needs to be refinanced in his name only or sold. If one of us can't make payments, will there be a foreclosure? Will one of us owe money somewhere? My credit... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 2, 2017

If you did not have a Deed of Assumption signed at the time of the decree, your credit would be in jeopardy, because both of you would have joint obligations for the mortgage. Your ex would have to refinance and at that time remove your name from the mortgage.

1 Answer | Asked in Child Custody for Texas on
Q: I recently gained sole custody in tx. my ex never shows up to court. am i supposed to let him know its changed?

My ex hasn't see kids in 4 years, never shows up to court, has never fought me. Now he has a job and sends facebook messages wanting to see them. But i just got the papers changed to supervised visitation only at an agency. Is it my job to let him know the papers have changed, or is it on him to... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 2, 2017

It is best to give NOTICE of the Judgment

1 Answer | Asked in Child Custody for Texas on
Q: Im looking for a free constulation trying to get my 3 kids in my custody the dad is gonna go to jail

He is going to prison ..he made a agreemant for me to get 1 of them nd now he wont give her to me

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 1, 2017

All of my consultations are free. You are entitled to all of your kids, depending upon the circumstances of why the kids are not in your current custody. Discussion of the circumstances is a necessity

1 Answer | Asked in Divorce for Texas on
Q: I have been a Legal resident of Tarrant County, Texas since 1991. I left in 2005 and lived in the Philippines, married

there with there daughters under 18. Separated June13, 2017. Daughters and I arrived back in Tarrant County, June18, 2017. Do we qualify to file for Divorce?

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Aug 1, 2017

The statutory time is 90 days in the County for legal residency, but if you went to the Philippines on duty in the Military, the time away is considered temporary. As such you could immediately utilize the Court system.

1 Answer | Asked in Child Custody for Texas on
Q: If a child finds her biological father can he put his name on the birth certificate and acknowledge that he is her fath

Also can he relinquish the rights of the foster parents

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Jul 31, 2017

First he has to Partition for Paternity to establish himself as the biological father.

Except for an adoption, his rights are superior to a foster parent.

He may request the Court for the name change.

1 Answer | Asked in Divorce for Texas on
Q: I thought that upon refinancing and being added to the DOT that the deed would be modified as well?

my husband refinanced his home a few years ago adding me to the deed of trust/mortgage. I was present and signed all the new loan agreements. However, I am being told I am not on the deed or title. Several people I know in real estate, as well as my divorce attorney, seem to have the understanding... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Jul 31, 2017

Your husband probably added you to the note for the lenders' security purposes only. To be placed on the deed as an owner, your spouse would have filed a Special Warranty Deed transferring to himself and you title to the property as community property.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My niece has a protective order against her husband for her and there daughter. Cops won't retrieve the daughter???????

The husband took the daughter and ran off to another city and refused to return her. The protective order was signed after he had taken the daughter. Law enforcement in the city he took her to won't do anything without a Writ of attachment. If she gets the Writ of attachment will the cops go... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Jun 12, 2017

Once you get a writ of attachment, the officer will retrieve the child and contact you or your attorney to pick up the child at the police station or a secured place. The officer will search other places for the child if a charge of kidnapping been accepted by the DA.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My children live with their father in missouri, I live in texas. Friday he got arrested, whats my next step to get them
Mr. Charles C Guidry
Mr. Charles C Guidry answered on Jun 12, 2017

You need to file a Motion to Modify custody. If your children are resident of Missouri, then there are several steps to take with the assistance of an attorney in Missouri:

1. To satisfy the jurisdiction issue, the Missouri attorney will either file a Motion to Modify in the State of...
Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can my husband kick me and our kids out of the home if he does not primarily stay here and I am here raising our kids

Looking into getting a divorce

Mr. Charles C Guidry
Mr. Charles C Guidry answered on Jun 1, 2017

Your husband does not have the legal power to put you and the kids out of the home. This would be true even if the home was his separate property. If you file for a divorce request the Court for Temporary Orders for possession of the home.

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Should I request a letter of consent from my nieces guardian in order to let her move in with me? She is 17.

My niece was under CPS care for over a year and was placed under guardianship of her half brothers aunt ( my niece and the aforementioned aunt have no relation). The aunt is in a situation where she feels she can no longer care for my niece and is planning to downsize her home by moving. I am... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 30, 2017

First check with CPS for authorization & explain the situation is the best option.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My husband soon to be ex wants to take full custody of my daughter

, once I found out I was pregnant it old him he wanted me to get an abortion and he never wanted anything to do with her it didn't matter is she was his or not now that she's here he wants to take her away from me..... He lives with my parents in that house. There's someone that raped me and I... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 9, 2017

Unless he files for Paternity to become a Possessory Conservator, he has no rights to your child. Under the circumstances mentioned, I am certain, that you once retaining an attorney would be able to limit him to supervised visitation, which may take place in a safe house (if a paternity case is... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: She is a single mom raising two kids she has had him since birth he is 4 months old the dad has never helped.

The baby's father does not help with nothing. He signed the birth certificate then denied being the father. The court ordered a DNA we are waiting on results. They go back to court next month. She can not afford a lawyer. How can I do the leg work myself. I'm pretty good at stuff like that.

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 8, 2017

Contact the attorney general office (AG) for free legal assistance. Once the results come out, the AG in the Administrative IV court will petition for primary conservatorship and child support. If you need an attorney contact the Houston Bar Association for a pro bono attorney. Many of the local... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: My daughter let her baby's dad keep him for the weekend as a sign of trying to do the right thing. He will not return.

He will not return him. The sheriff department says that Tx law says who ever has the child has 9/10 of the law. What can we do.

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 8, 2017

If the sheriff department does not wish to help, then file a Petition for conservatorship & request temporary orders for primary conservatorship and child support. Do not allow the child to be in his possession for period of six months. I suggest that you contact an attorney for assistance

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: In Ft Worth, Tx fence between mine and a neighbor's yard needs to be replaced. Who's resposible?

At first the guy came over and told me about it, we agreed on a 50/50 split for the bill. I got a money order took it over the next day and he decided some the posts are on my side I'm responsible. Everything I've seen online in forums or blogs says check the survey, and Who's ever yard the fence... Read more »

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 3, 2017

I suggest that you do the survey. The survey will determine the ownership of the fence by statute of limitation or land ownership. It is nice to work thing out amicably, but if you can't then the first option will be best.

1 Answer | Asked in Civil Litigation for Texas on
Q: Is there a maximum amount of money I can file a claim for in small claims court?
Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 3, 2017

$10,000.00 is the maximum jurisdictional amount to claim in the Small Claim Court.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: assaulted by FatherNlaw. Report says class C assault. what do i do now? Have no info on court date. want to press charge

Assaulted in march but no info on court date or what to do if i want to press charges. online search shows TRAFFIC ATTY PRE TRIAL: 5/11/2017 8:30 AM. Do i show up for this? How do i know where to show up?

Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 2, 2017

An assault is a criminal act. Assault cases are handled by the District Attorney's office. In most cases the Court's coordinator set dates for hearing. If you want to press charges the first step is to file a complaint with the local police department. The Police Department will contact the... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: How would I get my child back from family members who do not have legal custody of?
Mr. Charles C Guidry
Mr. Charles C Guidry answered on May 1, 2017

If a family member does not have legal custody, meaning any rights of conservatorship, then contact the nearest Constable Office for assistance to get back your child. If a family member receive your child through CPS (child protective service) there may be an order issued by the Court. In other... Read more »

1 Answer | Asked in Divorce for Texas on
Q: what is the least expensive path to divorce my wife of 3 years? No kids together. House purchased prior to marriage
Mr. Charles C Guidry
Mr. Charles C Guidry answered on Apr 29, 2017

1. The house purchased prior to marriage is your separate property, but the wife is entitled to one half of any improvements.

2. The lease expense method is to have an Agreed Divorce with (a) an equal division of assets as much as possible and (2) an agreed provision for primary...
Read more »

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