You must take all reasonable efforts to personally serve the divorce complaint on the defendant. If all efforts fail, you must file a Motion for service to be by publication and have it heard by the Court. Thereafter, the Court will rule and if granted you will run it for 4 weeks by publication...View More
It depends. Generally, the TPP is in effect until a Permanent Parenting Plan is reached via agreement or Trial. Some TPP's have dates defined in them. Most do not. Its a Court Order so it will be valid until it is modified. I hope this helps.
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... View More
You need to sit down with a lawyer and go over the facts of your case. If no pending action, you can move without permission of the court. However, the Father can bring an action under TRCP 65.07 and try to get immediate custody of the children. I strongly advise you to seek an attorney and...View More
You will need to file a Petition for Parentage. If you are on the birth certificate, both parents signed a voluntary acknowledgment of paternity. You must establish your rights in Court. By statute , the Mother has exclusive custody.
Yes. If your case is filed, there is an injunction in place that requires that she give you an itinerary and the information will be listed in your case pleadings. The injunction deals with "out of state travel." If no case is filed, parties can travel freely.
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a...View More
Yes. Your attorney can request injunctive relief in your divorce case. It will require you prove with an affidavit that facts and circumstances exist that create a risk of irreparable harm to the child. The Court will (generally) set a hearing within 15 days of the temporary injunction.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
Its important that you complete a QDRO (Qualified Domestic Relations Order) for the 401K. It will Order a "mirrored account" be set up in your name and the money will transfer without a taxable consequence. As for the IRA, there is a form that the company can provide to transfer those...View More
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.