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2 Answers | Asked in Family Law, Child Custody and Health Care Law for Texas on
Q: Can I prevent my ex from moving my 14 year old son out of state? (Texas)

My ex revealed in a text she plans to move out of state with my son within the next year, to a state that will allow her to seek transgender treatment for him. I do not think he, at his age, should be treated for this. When he is 18, if he still wants it, OK, but he does not have the wisdom or life... View More

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answered on May 28, 2024

What she is able to do depends on what your Order says. You can always file for a modification of the current order if the current order does not allow such protection of your son. What the court would do would be largely dependent on the County and what belief's or biases the Judge you... View More

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1 Answer | Asked in Family Law for Texas on
Q: My 12 year old has my maiden name but wants to change his last name to his dad’s last name. Can we do that?
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answered on Nov 15, 2023

Yes. You would need to file an "Original Petition for Change of Name of Child". It is a fairly straightforward and simple suit. The father is entitled to service on the suit because the child is a minor and would have to be served or waive service if he is in the picture and agreeable.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More

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answered on Nov 13, 2023

I would add that you can request DNA in these circumstances to determine for certain if the child is yours. If you qualify you should be able to get a court appointed attorney where the state is trying to terminate your rights.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

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answered on Oct 23, 2023

If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More

1 Answer | Asked in Probate for Texas on
Q: Can I give a friend power of attorney over me so they can take care of my deceased mom's affairs for me?

My mom recently passed away. She is in Pennsylvania, and I'm in Texas. Me and my fiance don't have the money to go to Pennsylvania to take care of her affairs. It would cause us financial hardship to do so.

A friend told me if I gave him power of attorney over me, he could take... View More

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answered on Oct 5, 2023

Assuming the probate is taking place in Pennsylvania, I do not know the laws in Pennsylvania but in Texas you could waive your right to be executor/executrix of the estate and allow someone else to do it. I would caution you to make sure that it is someone you are certain you can trust.

1 Answer | Asked in Probate for Texas on
Q: What happens to the house when a spouse passes away without a will and their joint children and stepchildren involved?

Husband and Wife marry and have a son, they divorce and both remarry and each have children. Then they get back together and remarry.

Then the Wife dies without a Will. What happens to the home and other property involved

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answered on Sep 27, 2023

If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex went on a surprise vacation with her lover, I was told I could not keep him while she is gone. Is that right?

My ex informed me on a Tuesday that she was going to go to Galveston for a week to spend time with the female half of the couple she is in a polyamorous relationship with. I said I would keep our son for the week (he is 13). She said “No” and that I could not have him for that week because I... View More

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answered on Sep 27, 2023

That would depend on what your order states. Some orders have provisions for that but it is not general language if it was not something that you fought for or requested during the creation of the order.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My son’s mother has been incarcerated since December 2022. I want to file for custody but I don’t know where to start.

My child’s mother was arrested on some very serious charges even put my child’s life in danger.

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answered on Sep 18, 2023

I would advise where you start depends on what your relationship has been. As the father you should have a priority right to possession. But if you have not has a relationship or supported your child that can create some grey area. If you have had regular contact with your child, you should file... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do i know if a response was filed for a SAPCR? If no response is made what do I do next?

The default date is tomorrow and I have not received any response from the other party.

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answered on Sep 18, 2023

After the deadline has passed confirm with the clerk that no answer has been filed and then ask to set it for a hearing.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can the custodial parent not let the kids call/text the non custodial parent? If not what can be done?

My husband ex wife doesn’t let the kids call their dad and when their under the grandparents care it’s the same they don’t call him and if they Do someone (mom or grandparents) are sitting in front of them making sure they don’t say anything they’re not supposed to.

Melissa O'Neal
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answered on Sep 15, 2023

What can be done depends on what the order states. An enforcement or a modification could be filed with the court of the last order.

3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.

Melissa O'Neal
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answered on Sep 18, 2023

I also agree with setting a meeting with the pastor to determine what he knows and maybe take proof if you have any of your relationship. Also agree that you will want to meet with a probate attorney as soon as possible. If you are aware of a will provide any information you have. When you meet... View More

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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Texas on
Q: How can I protect myself when my spouse is arrested for having stolen goods and drugs in our house?

I’ve known about small things here and there, but I recently realized that she has stolen thousands of dollars of stuff from work. Some of those items are drugs that she doesn’t have a prescription for, including some controlled substances. I have wanted to report her, but her and her family... View More

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answered on Sep 6, 2023

You should consult with an attorney more specifically about the situation in the area where you live.

2 Answers | Asked in Family Law and Small Claims for Texas on
Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.

I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me... View More

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answered on Sep 6, 2023

There is a 2 years statute of limitations on property enforcement. If it has been over two years you would be out of luck. If it has been less than two years then it would depend on the specific language that was used in the Final Decree.

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2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

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answered on Sep 1, 2023

Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More

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2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
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answered on Sep 1, 2023

That would depend on where the money going into the account came from. If the party divorcing put money into the account that was community property that portion could be subject to division.

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2 Answers | Asked in Probate for Texas on
Q: My mother's will was never probated as she left all to my living father and to the children should he precede her.

Does her will have to be probated?

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answered on Aug 31, 2023

While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late

the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if... View More

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answered on Aug 25, 2023

You really need to seek an attorney in the state where the children reside.

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2 Answers | Asked in Family Law and Child Support for Texas on
Q: Do I pay for half of the cost of something not covered by insurance if my child's father failed to provide insurance?

We live in Texas and my child's father (divorced) failed to maintain insurance. He is court ordered to provide it and is supposed to pay half of our out of pocket. My child is Autistic and received 30+ hours of ABA per week. Apparently we now owe 16,000 to them because it's being... View More

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answered on Aug 25, 2023

Generally the person responsible for insurance is responsible for 100% if they do not provide the insurance they are court ordered to pay but I agree with Mr. Frick that you would need to look at the specific language of the order because sometimes those things do not get specifically spelled out... View More

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3 Answers | Asked in Family Law, Adoption and Child Custody for Texas on
Q: Adopting my cousin, questions on what to do.

Long story short my cousin needs out of the situation she’s in. All of my family is either on drugs, alcoholics or men in and out of the house. She needs a safe secure space so she doesn’t end up like them. Everyone seems to be on board because they agree she needs a better life. How would I go... View More

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answered on Aug 24, 2023

Before anything could be filed in Texas the child would have to be her for a minimum of 6 months. If everyone is in agreement, I would suggest start with getting a power of attorney for parental rights to get her to Texas. With the POA you could take care of getting her in school and medical, but... View More

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Before I met my wife my mother was buying a house and land that I grew up in .Ok my mother told me she wanted me to

inherit the property when she passed away so she made me a beneficiary of her life insurance policy and she told me to pay off the home with what money that was left over and set up a trust that transferred the home in my name when she passes away. My mother passed away after I got married. Will... View More

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answered on Aug 24, 2023

In Texas inherited property is separate property. If the property is in Oklahoma where did your mother pass away because that could change things if the laws in that state are different. The separate nature of the property can also be affected if it was comingled with community property. I could... View More

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