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Questions Answered by Ty Czapla
2 Answers | Asked in Child Support and Family Law for Texas on
Q: I pay child support, and my kids refuse to see me. What rights do I have to enforce visitation?

I'm being told by their mother that they don't have to talk to me or see me if they do want to. They are 17,15,14 years old.

Ty Czapla
Ty Czapla answered on Oct 7, 2020

You could file an enforcement if there is a pre-existing custody order to enforce.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Ty Czapla
Ty Czapla answered on Oct 7, 2020

It is not likely you would be able to exclude the father entirely, but you likely do have enough to see a change like a standard possession order for the father. There are a lot of factors that go into it, and I suggest calling an attorney to discuss it.

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1 Answer | Asked in Tax Law for North Carolina on
Q: How is "Principal Residence" defined for the purposes of getting the $250k tax exemption when selling a home?

I am living in two different homes in two different states depending on season etc. I typically live a few monhts in one of the two homes, and then I move to the other and live there for a while. This has been my situation for 10 years. I own one of the homes (State A) but the other home (State B)... Read more »

Ty Czapla
Ty Czapla answered on Sep 23, 2020

My partner, Kacie wrote on article in the Tax Adviser on this topic. See here https://www.thetaxadviser.com/issues/2019/apr/involuntary-conversion-principal-residence.html#:~:text=A%20direct%20involuntary%20conversion%20of,does%20not%20recognize%20a%20gain.

1 Answer | Asked in Criminal Law for Texas on
Q: I have a friend who was arrested after being pulled over. He had a back pack with a gun and drugs in it.

I signed an affidavit stating the gun was mine. If I sign an affidavit stating the drugs are mine will I be charged

Ty Czapla
Ty Czapla answered on Sep 23, 2020

Absolutely you could

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: In Texas can a 21 year old have sex with a 17 year old?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

Yes. 17 is the age of consent.

1 Answer | Asked in Family Law for Texas on
Q: do i have the right to have a court appointed lawyer for my open cps case? isnt that my right?
Ty Czapla
Ty Czapla answered on Sep 23, 2020

If you are indigent then yes. The judge will determine that based upon an affidavit.

1 Answer | Asked in Divorce for Texas on
Q: How to file a uncontested divorce?

My ex and I have been separated over 17 years. Living in 2 different states over 15 years. We were married in LA and I live in TX. I cannot afford to file and he says he can't either. What assistance can you provide and what steps should I take next?

Ty Czapla
Ty Czapla answered on Sep 23, 2020

If it is a Texas divorce, go to Texaslawhelp.org. You may be able to find an attorney who can do an uncontested divorce cheaply.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I’m Texas if a 14 year old wants to live with one parent, can he go before the judge to request it w/o involving lawyer
Ty Czapla
Ty Czapla answered on Sep 23, 2020

There has to be a custody suit filed and a motion for the judge to confer with the child. Technically, this can be done without a lawyer, but it would be difficult. The judge is required to consider the child's opinion, but it is only factor in the judge's decision.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Ty Czapla
Ty Czapla answered on Sep 23, 2020

If she has already filed for divorce, you need to file a counterpetition and request temporary orders. This will provide temporary visitation while the divorce is pending. However, this will be very difficult to do without an attorney.

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