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Questions Answered by Robert W. Leonard Jr.
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Realistically, can my husband get primary custody of his 6 yr old daughter who's mom doesn't work?

My husband and I live in an apartment. His daughter always wants to be with us. It gets to be point where she used to cry when she had to go back to her mom (but lately her mom has been letting her spend extra time with us). She's scared of her mom and is always telling us she spanked her or... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

Your husband should immediately contact a local family law attorney who can file an answer to the mod on the child support

modification. The attorney can also review all of the facts of the case and give you advice as to how to proceed with changing the primary possession order....
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1 Answer | Asked in Child Custody and Juvenile Law for Texas on
Q: If an 18 year old wants to move out and live with another family can any charges be made or could the family get trouble

Texas

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

The 18 year old is an adult and can choose his or her own residence. There can be no charges brought for that alone, but if there is some other legal violation, then it could be a problem. Not simply for allowing an adult to live in their home.

4 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Child support.. is over time included even if it's not a set amount

I don't have an attorney but she does. She has been getting me to do different things that I don't agree on. I didn't have a job at the time for child support and wanted me to pay 600.00 the. It changed to 400.00 now I have a job and her attorney is wanting to pull from overtime... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

You need your own attorney to protect your rights. Child support calculations are based on your income. Unless it can be shown that you can always count on overtime wages, your support should not be based on overtime.

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1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: son dropped out of school he is 18 I wasnt informed and now he is suppose to be in a home school. Do I still pay?

He is supppse to now be in a home school program. I was never informed of the drop out or the new school. I asked for proof from ex and I have not received anything. Do i still pay support even after he dropped out of high school for a month

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

Your child support obligation ends when the child turns 18, or graduates from high school, if he has not yet graduated by his 18th birthday. As a parent, you should be informed of any changes in school, unless your decree or order states otherwise. I would contact a local family law attorney who... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: i want a divorce from a bipolar spouse. will he get custody or shared custody of our kids? what are the chances?

he stopped taking the full dose of his meds recently and some of his manic symptoms re-appeared, paranoia, people out to get him. he is also making up lies about things I have supposedly said to him. he is going from manic to depressed and back to manic. he also gets auditory hallucinations. He... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

Unfortunately, as you know, bipolar disorder can be dangerous. In Texas, the courts prefer to have both parents involved in the lives of their children. However, judges take the best interest of the child very seriously. The visitation awarded to the father will depend upon how the court views... Read more »

1 Answer | Asked in Education Law and Estate Planning for Texas on
Q: can the trusty,of a trust fund deny funding for education to a benificiary if it is written to do so in the trust
Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

It depends on the specific language in the trust. For a precise answer, take the trust document to a local estate planning attorney who can review the trust language for you. If necessary, the attorney can represent you in requesting a distribution from the trust if the trust provides for what... Read more »

1 Answer | Asked in Family Law and Estate Planning for Texas on
Q: how much would it cost for me to have an attorney look over a 32 page living trust and explain the context?
Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

If you contact a local estate planning attorney, they can provide you with an estimate. Most attorneys would do this on an hourly basis, so the cost would depend on the time it takes to review the document, prepare an explanation of the document and meet with you to go over the results.

1 Answer | Asked in Family Law and Probate for Texas on
Q: Can I assign my share in an estate settlement to another person before the estate is settled?

The estate is still in probate court and has not been distributed yet.

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

The attorney who is handling the estate can provide you with a waiver of your rights to the estate if that is what you are looking for. If that is not what you are looking for, a probate attorney can help you with what you need.

1 Answer | Asked in Adoption, Child Custody and Child Support for Texas on
Q: How do I go about obtaining paperwork on a adoption? As well as a copy of the custody, child support agreement?

My husband has a 13 year old daughter that lives in Alabama. Back in 2007 her stepfather adopted her and my husband gave up his parental rights to her. And in Alabama and here in Texas it's still showing that he has to pay child support they're taking out child support every two weeks out... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

Contact a local family law attorney who can help you sort through this. The attorney can tell you what you will need to do to stop child support if your husband's rights were, in fact, terminated. If there was an adoption, there would have had to be a termination as well. The records may be... Read more »

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: CPS TOOK MY KIDS WITHOUT A COURT ORDER AND CONTINUES TO HOLD MY KIDS IN FOSTER CARE WITHOUT ORDERS IS THAT KIDNAPPING

if cps is severely breaking the law as well as violating several constitutionaly protected rights by keeping my kids in foster care 45 days without any paperwork what so ever what can be done to get my kids immeadiately returned or can i call police and file charges they are bound to laws just as... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 9, 2017

Your first step should be to hire a qualified attorney who can represent you and protect you parental rights. In the meantime, you need to comply with the CPS investigation. In addition, do not engage in criminal behavior, use illegal drugs (including legal drugs which are not prescribed to you),... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If the CPS took my kids and gave them to their dad, even though I have a court order for full custody. what can i do
Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 9, 2017

Your first step should be to hire a qualified attorney who can represent you and protect you parental rights. In the meantime, you need to comply with the CPS investigation. In addition, do not engage in criminal behavior, use illegal drugs (including legal drugs which are not prescribed to... Read more »

2 Answers | Asked in Probate for Texas on
Q: My dad died 17 years ago. He did not have a will. And we have not probated his estate. Do we have to go to court to

Settle his estate. Or can we divide his land among ourselves. We live in Texas.

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 9, 2017

You need to contact a local probate attorney who can review all of the facts and advise you as to your options. You will have to do something to legally divide the land. Technically, it is still owned by the estate of your father. Since you are dealing with real property, you want to make sure... Read more »

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1 Answer | Asked in Child Custody for Texas on
Q: As a 16 year old, am I required to go with my non-custodial parent if I don't want to?
Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 20, 2017

It depends on what the order says. If the order says you have to go, it is up to your parent to make sure that you go. In order to change the order, your parents would have to go to court.

1 Answer | Asked in Family Law for Texas on
Q: How do you to take someone off a birth certificate

In Texas

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 20, 2017

I would need more specifics to answer your question.

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Texas on
Q: I GAVE MY DAUGHTER POWER OF ATTORNEY,SHE TOOK OUT A ACCOUNT WITH PRUDENTIAL FOR 37,000, IS THERE ANYTHING I CAN DO

OR NOT, I DIDNT PUT ANYTHING STIPULATIONS ON IT

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 19, 2017

Oh, I am so sorry. It depends on what the power of attorney says. A power of attorney is either effective immediately or effective only if you do not have capacity to make decisions yourself. Review your document and contact a local attorney who can tell you what your options are.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Does that mean i have to let him talk to her whenever or just in case of an emergency?

My ex husband keeps texting me asking to speak with our daughter. In our decree it says Both him and I are permanently enjoined from communicating in person, by telephone or writing except for arranging visitation or notifying eachother of circumstances affecting the best interest of the child.

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 19, 2017

Does he have any prohibitions on speaking with your daughter in the order? If not, then let him talk to her. If you do not want to be interrupted, then contact him and ask to set some times when she can call him so that he doesn't have to call you every time to set it up.... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Do I have to inform my ex when my kids stay with their nanny overnight? Do I have to give him her address?

My ex is threatening legal action including an "injunction against" my nanny because my children spent the night in her care. He is insisting that I must inform him when they stay overnight with a care-giver and that I must inform him of her address. This is the same nanny that they have... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 11, 2017

I would have to read your order to be sure, but most orders allow the parent who has possession to make independent decisions. Some orders do have a provision that you offer the other parent the opportunity to take the children when you are not able. Review your decree to see if there is anything... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have a question about my child going to his fathers.

I have been potty training for 2 months and everytime he goes to his fathers and come back in a diaper is there anything i can do to stop this. It is not helping the child get potty trained.

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 11, 2017

I know potty training is very difficult under the best of circumstances. Unfortunately, the father is responsible for the child when he visits. There isn't really a legal enforcement option unless your order has language specifically addressing this type of issue. Your best hope is to try... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What are the steps I need to take if I want to move to another state and I am the primary guardian. My son is 16.

My whole family is in Kansas. My parents are older and my dad had a stroke in January. I have no family or support system here in Houston. I feel I need to go home to help with my dad and mom. My son wants to go with me. His dad isn't really involved. The dad only does what the court... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Apr 3, 2017

You should contact a local family law attorney. The father will have to agree to the modification of your order to allow you to move. If you just move without the proper court order, a Texas judge may order that you move your son back to Texas.

1 Answer | Asked in Child Custody, Family Law, Constitutional Law and Legal Malpractice for Texas on
Q: What are some motions that I can file in Texas for child custody when the state has tmc i go to trial next month,

They took tmc for allegations of drug use without ever even giving me a drug test and at my 262 hearing I tested clean but the judge continued anyway said it was because of my history my case worker calls me maybe one a month she also told my therapist not to schedule me a session until I submitted... Read more »

Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on Mar 30, 2017

You need to hire a family law attorney to represent you in Texas. The state is very serious about protecting children and about following their instructions and abiding by their rules. If you want to be sure your parental rights are protected, contact an attorney right away. This is not a matter... Read more »

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