I know she will refuse to leave my dad's home/property. She will probably change the locks and call the police if my sister and I show up. They are not legally married and neither represent themselves as such, although I'm sure there is a physical relationship. She does have a separate... Read more »
First: Common Law marriage exists in Texas. There are specific ways to prove it. However, even if they were legally married, common law or normal marriage, all of the assets and property are distributed according to the valid Will.
Second: If there is a vailid Will, the Executor manages...Read more »
If the property was left to you both, then you both have to agree to sell the property. Contact a local probate attorney who can review the will and advise you. If you are the named executor, then your options are different than they would be if you are a beneficiary.
We were married for 35 years. This is for a bank account that was in his name only. We have four adult children together and no children with anyone else. I was also told I need one to switch the title of our car which is in both of our names. I do have a will which states everything is to go... Read more »
Contact a local probate attorney who can help you decide what to do. Take the Will with you when you meet with the attorney. Also take a list of all of the assets in the estate. This will be a list of everything the deceased owned at the moment of death. This includes the community property,...Read more »
You should re-do your Will if you wish to leave your property differently than your current Will provides. Since children are not property, they cannot be passed to someone through a Will. You may be thinking of a Designation of Guardian for Children, which states who you want to be your...Read more »
I was pro se in the divorce and my husband had an attorney. He stated that there was $7000 In his 401K. In the final decree is attorney put that I was to get $3500 which is 1/2 of the 401K. I had spouse call to see the balance of account and it was $13,800 around Dec. 10,2017. He doesn't want... Read more »
If your order states $3500, that is the amount he is required to give you. If your order states that he is to provide 1/2 of the 401(k) as of a certain date, then that is the amount he is required to give you.
My sister-in-law has a ring in her her safe deposit box and it is to go to her daughter 19 yrs. old. Her daughter wants her to send the ring certified mail. It is valued at 3500.00. Due to the value of the ring her mom wants her to come to the bank and get it and sign for it with witnesses. Is... Read more »
I recommend that the daughter pick up the ring herself. In our office, we have had the experience where an opposing attorney mailed a valuable item and it was not received. He was able to trace it but not actually get the item back.
We attempted to take our son for Santa pics at Memorial City Mall. He got mad, took my phone threw it in the trash tried to run off with our son, I ran after him. I have a video of him cussing at me & angrily taking my phone. He returned my son, people watched the whole thing. I’ve filed a... Read more »
When there is no order in place, each parent has the right to the child. Your first step is to hire a local attorney so that you can get a good, enforceable order in place. The courts typically want the child to be able to see both parents, but if the child is in danger, the courts can order...Read more »
We have joint custody in our divorce decree. It’s uncertain how long he will be gone but the grandmother won’t answer my calls and my text. She’s not allowing me to keep my original agreement that I had with my ex husband concerning getting them for the holidays. Is there a way I can take my... Read more »
You should contact your attorney to make sure that whatever you do is in compliance with your order. If she is not allowing you to see the child in violation of the order, you can file an enforcement. Our courts take violation of their orders seriously.
I have had my son since birth the birth mom(my God-sister) and I had an agreement she would sign him over. Now she won't sign the paperwork so she can continue to get benefits she has 3 other children and one on the way all. Y different fathers she doesn't want him and when he visits she... Read more »
Contact a local family law attorney who will review all of the facts and explain your options. If the attorney determines that you have standing, you will be able to proceed in court. I wish you the best.
If there is an order in place, it probably says that she is allowed to know where he has the baby when he has possession of the baby. If there is no order in place, he should contact a local family law attorney and get the process started. If she likes drama, a well-written order will help him...Read more »
During our child support modification court appearance, my ex-wife pushed for control of the insurance with me paying her half of the premium. Now she says she can't afford it. We have two children-One (15 yrs old) live with me and the other (10 yrs old) with her, therefore there is no... Read more »
You can enforce the order. If it says she is to provide insurance, she has to do so. Sometimes it will say if she does not provide the insurance, you provide it and she has to pay for it. Contact your attorney to see exactly what your order says and what your options are. You do want to make...Read more »
My attorney was not prepare for court as I hired him last minute. We only had two days before the hearing for temporary orders. My husband lied about everything in court on the stand for over 40 minutes. I only got to speak about 5 minutes and didn't get a chance to dispute his lies. I... Read more »
Your attorney is the best person to ask, since the attorney was in court and has access to your current temporary orders. You will have to have the necessary evidence and facts to support your motion to modify. Without reviewing the case, it would be hard for me to give you a good answer.
I have a shared parenting agreement with my daughter father we moved out of state together and we have split up. I have no family or friends to go to here and was wanting to know if it is okay to move back home with my daughter?
It depends on what your agreement says. Does it have a geographic restriction? In Texas, judges do not like to see a parent moving a child far away from the other parent. Your best option is to contact a local family law attorney who can review the agreement and advise you as to your options....Read more »
My exhusband and I have 3 children and have been divorced 9 years. Recently, my ex got remarried and moved back to our town and is taking more of his visitation time that he's allocated in our extended standard decree. Over the past couple of years, the relationship between him and my 13 year... Read more »
You are obligated to honor the court order to deliver your child to the other parent in accordance with the possession schedule. If you are concerned about your child's immediate safety, then call 911 right away. If your child is not in danger, then contact a local family law attorney who...Read more »
Contact a local family law attorney who can review your situation and all of the facts and advise you as to whether you can file a modification of your current order. The attorney will be able to explain all of your options and help you decide what to do next.
I am trying to get full custody of my daughter. I am a single mother, I have been taking care of my 5 year old daughter since she was born. Her father and I went to a mediation and got paperwork made, years later he wants to be involved in her life. I don't trust him because he used to be on... Read more »
If you have a custody case in court, you need to hire an experienced family law attorney. The attorney can review the mediated settlement agreement and look at the current situation and advise you as to how to proceed.
It depends on what the possession order says. If there is an order for her to have him and she chooses to exercise her possession, then she can do so. Unfortunately, you cannot force a parent to see their children and sometimes parents do not exercise all of their possible possession time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.