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Questions Answered by Amir Tavakkoli

1 Answer | Asked in Family Law for Texas on

Q: Can I move my son to another state without the father’s consent?

We currently live in the same house but I will be filing a eviction to have him removed because he refuses to leave on his own. I am the custodial parent and he is non custodial parent. We do not have any custody orders at this time and I have a lot more support and opportunities in California for... Read more »

Amir Tavakkoli answered on May 7, 2019

First, eviction will probably not work. When you are married everything acquired during marriage is considered community meaning it belongs to both of you regardless of whose name it is in. Most JP court judge that issue evictions will not be ordering eviction on spouses during marriage. Second,... Read more »

1 Answer | Asked in Family Law for Texas on

Q: Can anything be done?

I have an order that's been in effect where I have got primary custodial parent. My ex is noncustdial. The order also contains an injunction that states she can't keep her overnight when a convicted felon that she's not married to lives at her residence. She's been abiding up until last night... Read more »

Amir Tavakkoli answered on May 7, 2019

You can file for a modification to reduce her visitation rights. To make your case stronger, you may want to get someone like an investigator to get some evidence that he is there overnights also. But the fact that she is living with a felon may be enough to reduce her rights regardless of if the... Read more »

1 Answer | Asked in Family Law for Texas on

Q: If my.court date is 3 days away can i fill a continuance

Amir Tavakkoli answered on May 7, 2019

Yes you can always file a motion for continuance. The required notice for a motion is 3 days. So as long as you filed it and send notice to the other party and they receive it within 3 days, your notice requirement would be sufficient. However it will be up to the judge whether he/she will accept... Read more »

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