If you have orders giving you the right of possession/visitation with your son, and the custodial parent is refusing to honor those orders then it is not okay. Violation of custody orders can result in being found in contempt of court, with the potential for fines and/or jail.

If there... View More

Yes, your son can ask for a court appointed attorney. He will be asked to fill out a form so that the court can determine if he is financially eligible for one.

Just because she is a minor doesn’t mean relatives get to choke her out and punch her. If she is interested in charges getting filed then she should talk to the police to file a report and/or get in touch with the local District Attorney’s Office.

Cannot tell you if it is “too late” as you have left out when trial is presently scheduled and other facts conducive to that discussion. That being said, typically courts are pretty amenable to an individual hiring their own attorney. They can, and often will, be less amenable to appointing a... View More

The age of consent in Texas is 17, so a 22 year old can have consensual sex with a 17 year old without it being a criminal offense.

If you don’t want to plead guilty or no contest to a charge, you don’t have to. While attorneys are not supposed to try and force/coerce their client to plea, we are supposed to provide counsel and advice. In many cases, the advice is going to be that the client take an offer. Have you sat down... View More

Assuming your father died intestate, Sec. 201.003(c) of the Texas Estates Code provides that if a deceased individual who leaves a spouse has a child or descendant who is not a child or descendant of the surviving spouse, then 1/2 of the community estate is retained by the surviving spouse and 1/2... View More

While Section 547.323 of the Transportation Code says only two lights are needed, Section 547.3215 requires compliance with current federal regulations. Current federal regs require two side lamps plus a center lamp. There is Texas case law finding that the Transportation code requires *all three*... View More

Section 154.062 of the Texas Family Code spells out how to calculate the "Net Resources" that the guideline child support support amounts are calculated off of. Both (1) social security taxes and (2) federal income tax (based on the tax rate for a single person claiming one personal... View More

It is unclear from your post as to whether there are any court orders determining the possession of your daughter. I recommend taking any orders and other paperwork you have to a local attorney for a consultation in order for your to best determine what your rights are at this point of time.

According to your post you have a lawyer for your CPS case already, so I would recommend asking him/her that question.

This is one of those things where if you have to ask then you probably should consult with and retain a local lawyer to handle the drafting of the paperwork. While transfers of marital residences involving the refinancing of the property under the receiving ex-spouse’s name are common and doable,... View More

You don’t have to have your spouse’s permission to divorce in the State of Texas, and “no fault” divorces are regularly requested. If you are the victim in the domestic violence case then you may want to talk to your county or district attorney’s office about obtaining a protective order... View More

In 49 states (Massachussettes being the exception), the Uniform Child Custody Jurisdiction and Enforcement Act governs where an initial child custody case can be filed. According to the UCCJEA, a child custody case can be filed in a state if: (1)It is the child’s “home state” (state where the... View More

First, seek the representation of a defense attorney who works with DWIs a lot. As for your license issue, you should have gotten a form, Notice of Suspension/ Temporary Driving Permit (form DIC-25), when they confiscated your license. That serves as a temporary license after confiscation.... View More

He can go consult with a defense attorney... NOW. Aggravated Sexual Assault is one of the worst things to be charged with and mounting an effective defense early on in the process can help increase the odds that he beats this charge. There are just too many factors and details at play in these... View More

There isn't one in Texas.

The closest thing to what you are describing is Section 12.44 of the Penal Code--which allows for a State Jail Felony to be punished as, 12.44(a), or charged as, 12.44(b), a class A misdemeanor. Neither provision is guaranteed to any defendant, and neither... View More

Depends. If you are still on a conditional 2 year green card, getting divorced can make the process of removing your conditions a little more tedious and worrisome because of the applications for waivers required for that process. If you already have a 10 year green card then you renewing the green... View More

You can be found in contempt of court for violating a court order. That is punishable by up to 180 days in the county jail and up to a $500 fine. While the court cannot stop you yourself from moving, the court can definitely restrict the kids from moving states with you. The court could also end up... View More

As Attorney Varghese has stated, the punishment range is 180 days to 2 years in a state jail facility. If you were to actually serve jail time on this charge, it would be day for day, except for a potential release at 85% time with approval of the court for good behavior. If you have a clean record... View More