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Questions Answered by Matthew Valley
1 Answer | Asked in Child Custody for Texas on
Q: Child custody & unmarried parental rights

My 12 year old sons father & I have never been married & never been to court to establish anything. I have been solely responsible for my son with no help from his father. We lived together for a few years & even then, I paid all bills & expenses. I have claimed my son every year on... View More

Matthew Valley
Matthew Valley
answered on May 27, 2018

Unless there are court orders saying he is the father, or a properly executed and filed acknowledgement of paternity stating he is the father, he has no parental rights and would not have a legal right to take his child without permission of the mother.

1 Answer | Asked in Child Custody for Texas on
Q: My nephew passed away leaving 2 children and a wife. She nor her family will allow his family to see his kids. Legal?

They were legally married at the time of his death. The children are 2 and 7. Can they legally do that? His parents, sister, aunt have no criminal records.

Matthew Valley
Matthew Valley
answered on May 27, 2018

Generally speaking, a parent is totally within their right to prevent family members-- not to mention people in general-- from seeing his/her children. This includes a surviving parent not letting the deceased parent's relatives interact with the children. In certain situations, relatives may... View More

1 Answer | Asked in Probate for Texas on
Q: What happens if the attorney on file does not respond to my attorney , And the daughters are not willing to pay

Daughters are not will to pay their part of liabilities and they have hidden my car

Matthew Valley
Matthew Valley
answered on May 27, 2018

There really is not enough information to answer this question. Additionally, if you already have legal counsel then they should be able to answer this question for you.

1 Answer | Asked in Family Law for Texas on
Q: I lost custody of my daughter when she was 7 but now she is 16 and wants to live with me, what can I do if anything?
Matthew Valley
Matthew Valley
answered on May 27, 2018

Without knowing why you lost custody, I would recommend getting a consultation with a local family lawyer. Depending on the facts of your situation, you may be able to modify the previous orders of the court to allow for your daughter to reside with you.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: In a will, can deceased MIL give 1/2 the house to one child if the deed is only in surviving FIL name; MIL not on deed?

If the house deed is in Father's name only, can the mother still give half of the house to one of her children in her will? Can this child claim half the home as his own and continue living there? This child has been living there for many years without paying rent and FIL wants the son OUT,... View More

Matthew Valley
Matthew Valley
answered on May 18, 2018

If the house was acquired during the marriage, the presumption would be that it was/is community property, regardless of whether or not her name was on the deed itself. An individual can dispose of their half of the community property to whomever they wish using a will. So, yes, it is possible that... View More

1 Answer | Asked in Criminal Law for Texas on
Q: whats the statute of limitation for aggravated perjury in texas?
Matthew Valley
Matthew Valley
answered on May 11, 2018

Three (3) years. Article 12.01 of the Texas Code of Criminal Procedure gives the statute of limitations for some specific felonies and then all other felonies. Aggravated Perjury is a felony that falls under the catch-all felony statute of limitations period, which is three (3) years.

1 Answer | Asked in Child Custody for Texas on
Q: Does my daughter have a right to decide if she doesn’t want to go with her dad? She will turn 11 on June 8.

So it’s been 2yrs and 9mths that my daughter started saying that she didn’t want to go with her dad. The first year I had to force her to go with him. I told her that it’s what the court paper says. Then she turned 9 and it kept getting worse and harder for her to go. She finally started... View More

Matthew Valley
Matthew Valley
answered on May 11, 2018

In general, if court orders say he is supposed to have possession of the children during a certain period of time, then he gets the children during that period of time. If you want to restrict or otherwise change his possession of the children you need to go back to court and ask to have the order... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my wife took my daughter out of Texas to California with out my consent.

We have been together for 5 years 1 year of marriages we reside in Texas but got married in California. We got an argument next day she took everything and left with out letting me know and she won’t answer my calls or texts. I just know she left to California with her family because is see bank... View More

Matthew Valley
Matthew Valley
answered on May 11, 2018

You should visit with local family law counsel for a full consultation. Generally speaking, unless there are orders stating otherwise, a parent married to the other parent is free to take his/her children to different states without consent from the other parent.

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Can 25 years female have sex with 17 old year boy?some say yes because Texas constent age for Texas 17... please help me
Matthew Valley
Matthew Valley
answered on May 11, 2018

While the age of consent is 17 for purposes of crimes of Sexual Assault and Indecency with a Child, individuals can and have been convicted for Sexual Performance by a Child, which has an age of consent of 18 years old.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can a district attorney's office have kids removed from the home because of a child getting beat up but not by the mothe
Matthew Valley
Matthew Valley
answered on May 10, 2018

As for whether children can be removed without a parent themselves abusing them, the answer is, in many cases: yes. Active abuse by a parent is not the only reason kids get removed, neglect can be also (which includes a parent failing to protect their kids from an abuser).

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How do I get the father of my kids to pay current and back child support?

He is extremely behind and the AG's office isn't pushing him to pay.

Matthew Valley
Matthew Valley
answered on Apr 10, 2018

You don't have to wait for the AG to get around to your case. You can go to court and seek an enforcement order yourself. You could also retain an attorney to help you with the process.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Husband set up a LLC - S-SCORP 2 weeks prior to marriage. What is community income and how is it treated for divorce?

He is showing a salary of $40K on paper and pretending like he is broke but buying luxury cars, etc while I'm working full time and driving a 15 year old vehicle. I have no visibility of any financials but I know the business makes money.

Matthew Valley
Matthew Valley
answered on Apr 10, 2018

Generally speaking both the salary earned during a marriage, as well as the income earned on separate property, would be considered community property. The appreciation in value of an LLC interest that is part of a spouse's separate property would generally be separate property.

That...
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3 Answers | Asked in Criminal Law for Texas on
Q: I need to talk to a lawyer I have a number of questions to ask

HELP PLEASE I got arrested on a misdemeanor theft charge and I don't have a record prior to this .The officers that arrested me didn't read me my Miranda rights I'm wondering if you could tell me what the possibilities is for getting probation or a suspended sentence would be.

Matthew Valley
Matthew Valley
answered on Apr 10, 2018

You can use the Find a Lawyer function at the State Bar of Texas' website (www.texasbar.com) to find an attorney. You can also lookup your local lawyer referral service and give them a call.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My husband and his ex have joint custody. She moved and changed her number in Dec. 2016.

He was able to find her phone number in Nov2017.Hes been asking for visitation or the whereabouts. She says (in messages) he doesn't have kids, refuses to even give us the city in which the children reside, tells him to relinquish his rights, he has no rights and he's nobody for her to... View More

Matthew Valley
Matthew Valley
answered on Apr 8, 2018

One can seek enforcement of a custody order even if one has child support arrearages. It would be wise to talk with local counsel before doing so, as a counterpetition seeking enforcement of the child support portion of the order can be filed against him.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My childs mother is moving to new mexico with her boyfriend and is leaving our child with her mother (child grandmother)

I want my daughter to live with me. I currently am on child support for my daughter who is 9 years old. So i want to modify the custody of my child. How should i go about the situation?

Matthew Valley
Matthew Valley
answered on Apr 8, 2018

You would file pleadings asking for modification in the case in which the prior orders were entered.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: how do i get visitation rights

son mother wont let my son come visit me and every time i go visit him she is disrespectful.

Matthew Valley
Matthew Valley
answered on Apr 8, 2018

If the mom isn't willing to work things out with you in an amicable manner, file suit and request the court order visitation.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: The non constodial parent hasn’t seen my son since he was 1yr he’s 5 now. Recently he’s been served for child support

Is there anyway I can close the case & have him sign his rights over?

Matthew Valley
Matthew Valley
answered on Mar 30, 2018

A parent can sign a voluntary relinquishment of their parental rights, but proper pleadings would need to be filed with the court and a judge would have to approve the termination. Because the presumption is that it is in a child's best interests to have two parents, getting such a termination... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My sons father does not spend enough time with my son. My son is little still but saying he does not wanna go with him

He tells me he’s always with his girlfriend while he is at work. Can I modify visitation order?

Matthew Valley
Matthew Valley
answered on Mar 25, 2018

The remedies available depend on how old the original court orders are, but in general you can go back to court to seek a modification. You might want to consult with a local attorney to discuss your options and get an honest appraisal of your chances at prevailing in such an action.

1 Answer | Asked in Federal Crimes for Texas on
Q: My boyfriend and I have a 3 year and 10 month difference, I’m 16 and he’s 20. Could this get him in trouble?
Matthew Valley
Matthew Valley
answered on Mar 25, 2018

If you are having sex with him it could potentially result in felony charges for, among other things, sexual assault. The age of consent in Texas is 17. While there is an affirmative defense available for those within 3 years of age of each other, that is not available based upon the age difference... View More

1 Answer | Asked in Child Support for Texas on
Q: If the father of my son is not in the birth certificate but he has his last name can I still get child support .
Matthew Valley
Matthew Valley
answered on Mar 25, 2018

Neither is a requirement to get child support. If he has not previously been adjudicated the father or properly executed an Acknowledgement of Paternity then a court will have to adjudicate him the father before child support can be ordered. You should be able to contact the Texas Attorney... View More

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