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 
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
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
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.
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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
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
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
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
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
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
I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.
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answered on Aug 24, 2023
I would suggest putting your request or questions into writing and sending either e-mail or certified mail.
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
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answered on Aug 23, 2023
This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More
I filed a petition last yr for custody mom didn't show up oag intervened and I have filed a tro awaiting court on the 1st but no court orders are set
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answered on Aug 23, 2023
That may depend on what County the case is filed in. Most counties in Texas have standing orders that apply to all family law cases and those standing orders may prevent you leaving the county with the child the subject of the suit.
I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.
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answered on Aug 23, 2023
I would add that if the child is 12 years of age or older the court now has no choice but to interview with the child in chambers. The only time you should object is if the child is under 12.
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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.
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.
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.
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.
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.
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.
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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.
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.
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