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Questions Answered by Chad Zubi
2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Visitation on Thursday (2hrs) and his weekend for visitation starts the next day. Child is out of school Fri/Mon Holiday

This situation is in Texas and the father did not return the child after his 2 hr. visitation on Thursday and states he will return her on Monday after 6pm based on his determination of the agreement.

The Agreement states verbatim Below:

"Except as otherwise expressly provided in... Read more »

Chad Zubi
Chad Zubi answered on Aug 30, 2019

Under a standard possession order in Texas, if the holiday falls on a Friday that is the same day that the other parent's possession begins, then the visit starts early on the preceding Thursday (that is what the clause you quoted says). If the holiday falls on a Monday and the other parent's... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Am I in titled to any of his lawsuit.

I've been with my kids father for 11 years we are not legally married but to this day still live together. He recently got into a wreck with a commercial vehicle and had a major lawsuit. Now he is stating he no longer wants to be together and that I'm not in title to any of his lawsuit. He said we... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

You could be entitled to a part of the settlement depending on what he was awarded the settlement for. For example if he was awarded the settlement based on lost wages then you would be entitled to a portion of that. Secondly, you may be considered married under Texas informal marriage law if you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: I have proof my wife is cheating I continue to pay everything he has threatened me can I prevent him from seeing my kid

My wife and I have been separated for 2 years, throughout these two years I have never disregarded my responsibilities, I have paid for everything and some, she has access to all accounts. She has been communicating with a former old friend and has developed a relationship physically and mentally... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

What you need to do is get an aggressive attorney to defend you in a divorce. Adultery is one of the factors that a court will consider in potentially giving you a disproportionate share of the community estate. Apparently she has become violent with you so that is definitely a factor that a... Read more »

1 Answer | Asked in Family Law for Texas on
Q: TX oag declined to initiate court date to establish child support

My estranged spouse has been out of the house over 12 months. We have 2 children (1 is special needs/disabled SSI) He has a lawyer and served me with divorce papers but never set date in court. Oag has “combined” my request for child support hearing with his motion even though no date has been... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

When a divorce is initiated it will not only handle the issue of dissolving the marriage, but it must include the issues of child custody and child support. It is normal practice to consolidate a child support case pending with the OAG into a later filed divorce. In a nutshell, you have to defend... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Which date do I put for my marriage on divorce paperwork?

Our small private ceremony in Texas with exchanged jewelry (anklet) & witnesses (not registered with state): 12/22/11.

Full cohabitation: 2/1/12.

Claimed common-law marriage on 2012 Texas taxes.

Wife finishing degree (no cohabitation during): 5/1/12 - 12/1/12 (Her primary... Read more »

Chad Zubi
Chad Zubi answered on Aug 27, 2019

I would say that you can claim that you have been married since the 2011 date when you formed your intention to be married in Texas and lived together as a married couple. To have a common law marriage in Texas you must satisfy the three following elements:

(1) Agree to be married...
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1 Answer | Asked in Divorce for Texas on
Q: I am wanting to file for Divorce in Texas we have 2 small children. My husband is not working, I have been the provider

My husband has health issues but is not considered disabled. Is there a possibility I would have to pay spousal support if so what is the most amount of time? Is there a possibility I would have to pay him the rest of his life? This is the one thing keeping me from filing i'm worried I would have... Read more »

Chad Zubi
Chad Zubi answered on Aug 16, 2019

The presumption is that spousal support is not warranted. If your husband can prove by clear and convincing evidence that after the division of community property and the confirmation of any separate property that he still cannot meet his minimum reasonable needs than there is a possibility that... Read more »

2 Answers | Asked in Child Support and Divorce for Texas on
Q: Husband filed divorce

I don't know how to fill out the child support forms or the final decree

Chad Zubi
Chad Zubi answered on Jul 8, 2019

Greetings,

If your husband has filed for divorce (and especially since you have children) I suggest that you obtain counsel to help you navigate the entire process. It is not just a matter of filling out forms. The divorce decree specifically, is a detailed document that is going to play...
Read more »

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1 Answer | Asked in Child Custody for Texas on
Q: I am following the modified possession order until Nov 17, 2019. I need help understanding the drop off
Chad Zubi
Chad Zubi answered on Jun 24, 2019

Your question cannot be answered without a careful reading of your order. The order should specifically state all of the necessary details for the exchange of the child/children in question. I say this because you stated you are following a modified possession order which could be any number of... Read more »

2 Answers | Asked in Divorce for Texas on
Q: I have been married for 4 years and I am seeking a divorce. Will it be held against me if I move out of the home?

I don’t feel safe going home due to mental and emotional abuse. The home we live in was purchased by his mother prior to our marriage and the home is in my husband and his step fAthers name. We have no children and no other assets.

Chad Zubi
Chad Zubi answered on May 25, 2019

You never know what a judge will do, but moving out of the house could work against you if child custody was at issue, here it is not because you said you have no kids, but like I said a judge has wide discretion. As far as property division goes, fault in the breakup of the marriage is a factor a... Read more »

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2 Answers | Asked in Child Custody for Texas on
Q: My boyfriend decree states 1st, 3rd, & 5th weekend custody. He works out of town, Am I allowed to keep them on his time
Chad Zubi
Chad Zubi answered on May 13, 2019

His time is his time and you are not entitled to possession of the kids during his time. However, you need to make sure that you follow the order, if it says you surrender the kids to him at a certain place at the beginning of his time then you should attempt to do so. If he is supposed to show... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Need help navigating this morality clause.

It states in my temp orders that no one that my ex or I are dating or are in a sexual relationship with are allowed to be around the kids.

I found out my kids had been around the woman my ex was cheating on me with. I brought it up to the court appointed counselor for the kids and he said... Read more »

Chad Zubi
Chad Zubi answered on May 12, 2019

It really depends on specifically what the order says as to what is or is not a violation of the order. You should ask your attorney to go over the exact language of your temporary order and determine what you and your ex are required to do or refrain from.

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