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Questions Answered by Victoria Collins
1 Answer | Asked in Divorce for Texas on
Q: Emergency, Divorce in Tarrant County

Im PR in DFW area traveling for humanitarian work and got detained overseas. My wife want divorce and use this situation to keep 100% of community property. Questions:

1) can she divorce me without my presence or even knlwledge?

2) can we get divorce remotly?

3) what can i... Read more »

Victoria Collins
Victoria Collins answered on Feb 27, 2019

Your wife can obtain a divorce, but you must be served with the petition and given approximately 20 days to answer, presenting your concerns . You will need representation in the county your wife files in.

2 Answers | Asked in Child Custody for Texas on
Q: What legal rights being a grandmother do I have of getting report custody

My daughters ex boyfriend took the baby and refuses to give her back. My daughter can't do anything until she gets a lawyer. I feel my grandbaby is in danger

Victoria Collins
Victoria Collins answered on Feb 16, 2019

In Texas, grandparents rights are limited. As long as the child’s parents are capable and willing to care for the child, grandparents have no standing to gain conservatorship.

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3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Texas on
Q: If a police officer pull a muscle in your arm doing arrest can you sue him and the police department

I was arrested and the police officer pull me arm hard and pull a muscle in my arms

Victoria Collins
Victoria Collins answered on Feb 7, 2019

No

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1 Answer | Asked in Child Custody for Texas on
Q: Can I take my son without legal repercussion?

Joint custody order, son lives with dad. I want to take my son back to live with me. Child support order in divorce paperwork but has not started.

Victoria Collins
Victoria Collins answered on Jan 28, 2019

The answer to your question depends on who has the right to establish child’s principal residence.

1 Answer | Asked in Civil Rights and Criminal Law for Texas on
Q: Could my girl-friends parents call the police on me for hanging out with her at school?

I'm 15 and so is she. I hang out with her to talk about her problems and to joke around from time to time. Her dad is very aggressive. Could he call the police on me for hanging out with her?

Victoria Collins
Victoria Collins answered on Jan 27, 2019

Yes, a person has a right to call the police anytime he/she has a concern regarding themselves or someone else. Also, if “hanging out” included sexual conduct you may be charged with statutory sexual assault of a minor

2 Answers | Asked in Family Law and Child Support for Texas on
Q: Does my child support end if my 16-year-old daughter gets pregnant? El Paso Texas
Victoria Collins
Victoria Collins answered on Jan 24, 2019

I agree with the previous answer, but I just want to add that you have an obligation to support your child until he/she turns 18 or graduates high school, whichever occurs last.

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can a 16 year old boy get arrested for getting a 14 year old girl pregnant?

The parents of the girl do not want to press charges. The 16 year old boy says she was with multiple friends of his at time of conception. 16 year old says he was with her almost a month after conception

Victoria Collins
Victoria Collins answered on Jan 24, 2019

Yes. You can be charged with and arrested for statutory rape. Since you are 16 years old, you will automatically be charged as an adult.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have a C/O in Randall County TX. Kids have been with me 11mnths in Ector county.What county do I file emergen custody

I have a court order in Randall County TX and pay C/S to my kids mother. They have lived with me in Ector county since 3/2018. I want to file emergency custody, but don't know which county I would file in? I have requested a modification with AG, but they can't locate mother.

Victoria Collins
Victoria Collins answered on Jan 24, 2019

The easiest would be to file in Randall County since they have continuing jurisdiction. Depending on where mom lives however, you may request a transfer to the county the children have resided for at least 6 months. Since they have lived with you since March you have met that threshold.

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2 Answers | Asked in Criminal Law for Texas on
Q: Hi, I was charged with criminal mischief felony, in ICU when I damaged ventilator after waking up confused and on drugs.

This case lack Mens Rea... and Matter of Fact. What defenses can we use to prove there was no intent, nor was I aware due to drugs.

Victoria Collins
Victoria Collins answered on Jan 24, 2019

Your drug defense is effective to lessen or decrease you sentence but cannot be used to defeat mens tea.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: can I get a geological restriction lifted?

My husband is living and working 800 miles away for a rapidly growing company. I was just informed the property I live on is being sold and the person buying it will not be renting it out. I can not afford deposits and first months rent and everything entailed with getting a new place. Is it... Read more »

Victoria Collins
Victoria Collins answered on Jan 23, 2019

Based on the information provided, you can modify the existing conservatorship, however, the children's father may contest this. Always best to consult a family law attorney one-on-one so they can look over the existing orders and assess your situation. Also be advised that in Texas, the parent who... Read more »

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: My 14 year old grandchild was abandoned 2 years ago by my ex daughter in law whom has custody of her.

No contact during that time. At all. Now she’s planning to go to my granddaughter school and withdraw her without my knowledge, she thinks, and take her. Do I have any rights

Victoria Collins
Victoria Collins answered on Jan 23, 2019

You may have rights based on the information you have given, however a face-to-face consultation with a family law attorney is always best in these situations. Parents usually have the right of access to the child in most situations, barring family violence or criminal history. However, more... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: is it obstruction of justice for a peace officer to keep info from another peace officer at a scene?

I used self defense when my wife attacked me, i explained the situation to both officers, they both seemed confused as she had called while i ran for safety. One went inside to talk to her, and the other stayed with me. I explained other instances where she had been violent towards me, one of... Read more »

Victoria Collins
Victoria Collins answered on Jan 22, 2019

No, it doesn’t sound like obstruction of justice took place: it sounds more like a decision had to be made to protect both parties. In Texas, an arrest is mandatory in a domestic abuse report. Unfortunately for you, you’re spouse made the call and you did not. Prior incidents are irrelevant as... Read more »

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: ex arrested 4 domesticviolence. Hes still on parole. Our daughter lives with him,what do I have to do to get her hm w/me
Victoria Collins
Victoria Collins answered on Jan 22, 2019

If your ex is the managing conservator, then you will need to file a motion to modify conservatorship (custody) appointing you as the managing conservator and the ex possessory with supervised visitation. If you are the managing conservator then you need a motion to enforce and writ of attachment... Read more »

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1 Answer | Asked in Child Custody for Texas on
Q: I am a grandparent. I would like to persure custody of my granddaughter.

There is an order thru the attorney general between the parents. The baby is currently in my care. The parents are not providing any assistance. I would like to gain full custody since she is in my care.

Victoria Collins
Victoria Collins answered on Jan 20, 2019

You may petition for custody if the child had been in your possession and care for at least 6 months (not necessarily consecutive months). Consult a family law attorney to help you.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a policeman charge you with possession of cocaine if you actually have crack on you legally
Victoria Collins
Victoria Collins answered on Jan 14, 2019

Yes, you can be arrested for possession of any illegal substance. However if police misidentify the substance you actually possessed the DA can drop the charge on the cocaine and then proceed on a charge for the crack.

1 Answer | Asked in Divorce for Texas on
Q: Is there an attorney who does pro bono or reduced rate divorce for a victim of abuse?

I have two small children. My soon to be ex is indicted on two felony aggravated assault cases. He will represent himself pro se in this matter. I have a protective order against him. He has violated the order already and has a warrant. I live in Galveston.

Victoria Collins
Victoria Collins answered on Jan 13, 2019

Try Lone Star Legal Aid on Market Street in Galveston.

2 Answers | Asked in Banking and Divorce for Texas on
Q: is There any type of legal document or court order to make my wife or Chase Bank transfer house money to my account

My wife and I recently sold our FW house. Because of my credit, my name was not on house purchase. Tax’s, anything. When we sold realtor had me sign and initial all selling paperwork, knowing I wasn’t even list on home.

Victoria Collins
Victoria Collins answered on Jan 13, 2019

I agree with Ms. Thornton’s answer. Whether or not your name is on the mortgage is irrelevant. What matters is whether the house was purchased before marriage or during the marriage. If it was purchased during the marriage, the house is presumed community property. I recommend consultation with a... Read more »

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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: Ok so like if my judgement papers from 2003 the day of my sentencing say from the judge I don't have to register under a

If I'm not required by a judge to register under chapter 62 then nobody can override the judge and his orders correct?

Victoria Collins
Victoria Collins answered on Jan 12, 2019

If a person is convicted of a sexually-oriented crime then that person is required under Chapter 62 to register as a sex offender. However, without more information here I can’t make determination as to the length of time you were required to remain registered. Further, their are options... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can she put me on child support? Do i have any legal obligation to the child?

I just found out i have a 5 year old daughter, her mother is married and has two older children with her husband. her husband is listed as father on the girls birth certificate and he has raised her since she was born. we have not taken a dna test yet but her mother claims she is 100% sure she is... Read more »

Victoria Collins
Victoria Collins answered on Jan 11, 2019

If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to... Read more »

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2 Answers | Asked in Child Custody and Child Support for Texas on
Q: I pay cs to my ex for our daughter. N she's keeping our daughter away from me CS gets taken out of my check
Victoria Collins
Victoria Collins answered on Jan 8, 2019

Your obligation to pay child support is not contingent on whether or not you are allowed visitation with your child and vice-versa. You are entitled to see your child, so you want to see a lawyer who practices family law who can help you enforce your visitation rights.

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