Robert W. Leonard Jr.'s answer You are not breaking any laws by asking the question. If you do not allow her to exercise her possession schedule, then you will be in violation of your order and open for an enforcement action. Maybe you can ask her, in writing, if you can send the children with him unless she tells you otherwise. That should clear up your concerns.
Answered on Oct 8, 2018
Robert W. Leonard Jr.'s answer If you have lived in Texas for 90 days and in your county for 6 months, you can file for divorce in your county. Once you file, you will have to serve the other party or obtain a waiver of service from the other party.
After 60 days has passed you can enter the final decree of divorce signed by both parties or you can set the matter for trial if the parties are not in agreement.
Although Texas has forms to assist in doing a divorce pro se, if it is contested, it is better to...
Robert W. Leonard Jr.'s answer If you have no current orders, either parent has rights to the child. If you move without his agreement, he could file something in Texas and the court could order you to return. If you are in the new state long enough and he has not filed anything, you may be successful in filing yourself in the new state. Without knowing all of the facts, including whether he is paying child support, whether he has contact with the child, it is not possible to give you specific advice.
Robert W. Leonard Jr.'s answer Courts do not generally change custody unless it is in the best interest of the children. If there is no reason to change the current situation, then the court will not likely do so. However, the courts do expect parents to work together and most orders include language such as, "or as the parties agree" to cover when parties choose to work together outside the current order.
You can contact a local family law attorney to discuss the situation further. If the attorney knows all of...
Robert W. Leonard Jr.'s answer If your order says he has a default possession, then he has a default possession. I am sure it is inconvenient, but be where your order says to be on the day you he starts his possession. Otherwise you are in violation of the order.
Robert W. Leonard Jr.'s answer In Texas, everything earned during the marriage by each party is considered to be community property unless it can be shown otherwise. If he purchased the boat with community funds, it is presumed to be community property. Having an account in his name does not mean the account is his money. The funds belong to the community unless he can show otherwise.
If he purchased the home before the marriage, the home is separate property. You may be entitled to a claim for reimbursement,...
Robert W. Leonard Jr.'s answer This is an unfortunate but not uncommon situation. Provided the allegations regarding your maternal fitness are untrue, it is unlikely he will be successful. You do, however, need an attorney representing you to protect your interests.
Robert W. Leonard Jr.'s answer You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
Robert W. Leonard Jr.'s answer Your first step is to contact the police if your daughter is under age. Your second step is to contact a local family law attorney who can file for divorce and protect your interests.
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer A step-parent adoption is a relatively simple process, provided the biological mother and father agree to the adoption. The father can be served in prison; there is a very specific way to do that. Contact a local family law attorney who can walk you through all the steps and ensure that everything is done properly.
Robert W. Leonard Jr.'s answer If he did not have a will, then his estate would pass through the intestacy provisions in Texas law. Be sure to contact a local probate attorney to help protect your interest in the estate.
Robert W. Leonard Jr.'s answer Contact a local family law attorney to work with you on the adoption. The attorney will prepare the appropriate documents for the biological father to sign, and prepare the documents needed for the court.
Your spouse will have to submit to a criminal background check and the court will assign a social worker to conduct a study of your living environment.
The process is pretty simple if the father agrees. If he does not agree or changes his mind, it becomes a lawsuit and you...
Robert W. Leonard Jr.'s answer If she files anything, contact a local family law attorney right away. In the meantime, keep good records of her contact with your son and any other information you might need if you had to go to court.
Texas courts prefer that children have the opportunity to establish a relationship with both parents. Therefore, a judge would likely give her some sort of possession schedule if she does not have one.
Possession and child support are two separate issues, but sometimes when...
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