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Questions Answered by Chad Zubi
1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: At what age can a child decide on their own which parent they want to live with?
Chad Zubi
Chad Zubi answered on Aug 10, 2020

They can decide on their own when they are 18, but a court is required to take a child's opinion into consideration if they are aged 12 or up, if they are under 12 then the court may or may not take their opinion into consideration. The child's opinion is not controlling and the court... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my girlfriend deny me from picking up my 18 month old daughter without her being present?

I always have to wait for my girlfriend to get out of work before I can see my daughter. She is always left with my gf's parents. My gf and I do not live together. There is no court order. I do have her covered under my health insurance and help provide financially.

Chad Zubi
Chad Zubi answered on Jul 27, 2020

Without a court order saying otherwise, you have the same rights that she does. Therefore, you can pick up your daughter whenever you want to, even if the mother is not present.

Without a court order, the mother can keep the child from you and you can keep the child from the mother. To...
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1 Answer | Asked in Child Custody for Texas on
Q: Custody havent been able to see child. No contact no phone number no address. Want to see my kid.

My husband has had a on going issuse with getting his son. The mother will not let me have him. She wont return phone calls or texts. I have no idea where she lives or works.

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If there is a court order in place regarding the child then an enforcement would be a proper route to take. A Writ of Habeas Corpus can be filed for the purpose of the mother being ordered to hand over the child at a specific place and time if the father has a legal right to have them (pursuant to... Read more »

1 Answer | Asked in Child Support and Family Law for Texas on
Q: i have a 17 yrs old daughter that has been living with me, and her mom is asking for child support?

i have a 17 yrs old daughter that has been living with me since she was 8 yrs old and her mom is asking for child support since she born......what can i do to get her to pay me child support, we went to court but she said my daughter was living with her and the judge didn’t do anything, even when... Read more »

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If your daughter has been living with you and the court order gives the mother the exclusive right to designate the daughter’s residence, then you could ask the court for a modification of the old order.

1 Answer | Asked in Divorce for Texas on
Q: I live in Texas in 2017 my husband filed a petition for divorce and then a notice of nonsuit without prejudice. Lied on

He lied about us having a house. What can I do?

Chad Zubi
Chad Zubi answered on Jul 3, 2020

If you file for a divorce and get a case started again, then you can explain to the court, at the proper time, and use the proper pleadings and documents, to show that you don’t have a house. I suggest getting an attorney to help you with the divorce.

1 Answer | Asked in Family Law for Texas on
Q: Am I obligated to sign a final court order for the mediation agreement? Something we had agreed on was left out
Chad Zubi
Chad Zubi answered on Jul 2, 2020

You aren’t obligated to sign it unless the judge orders you to sign it. That being said, the order may be entered without your signature if the judge finds that it is in compliance with the mediated settlement agreement.

2 Answers | Asked in Banking and Family Law for Texas on
Q: My mom and dad are separated but not legally divorced. Is her personal bank account at risk if he got into a lawsuit

We all currently live in the state of Texas for now. They have a joint account and then she has a personal account with only her name on it. I am trying to figure out if he or someone else could take money from her account in this case due to a lawsuit. If so, what can we do to protect her account?

Chad Zubi
Chad Zubi answered on Jun 14, 2020

Everything acquired during marriage, regardless of whose name is on it, is community property which is subject to a just and right division. The items that are not community property are called separate property and consist of items that are gifts, inheritances, and personal injury awards other... Read more »

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3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person is alleged stealing from a store but the store camera wasn't working, is video from a customer admissible?

If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?

Chad Zubi
Chad Zubi answered on Jun 11, 2020

It really depends on whether or not the video can be authenticated. Generally speaking it is possible that the video could be used.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband has my son but he wont let me see him or even talk to him what can i do?
Chad Zubi
Chad Zubi answered on Jun 5, 2020

You can file a suit affecting the parent child relationship or file for divorce. The parentage suit will handle child visitation and rights and duties regarding the child. The divorce handles the same issues regarding the child but also deals with property division and maybe other issues... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: What is the first step I could take into filing for custody or atleast supervised visits against a parent that is nonfit

I say the parent is nonfit because I know drugs are involved an more then likely he uses. I have standard visitations right now but hate feeling like I have to still send her for his weekends, when in the back of my mind I know something could happen to her, but I feel if I dont allow her to go I... Read more »

Chad Zubi
Chad Zubi answered on Jun 5, 2020

Your question says he has visitation. If there is an order in place and there has been a material and substantial change in circumstances, then you can ask for a modification from the court if such a modification would be in the child’s best interest.

If there is no order then you...
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1 Answer | Asked in Family Law for Texas on
Q: What recourse is available if spouse didn't do fdf after30 days of filing counter? Can decree be final wo my agreement?

He took all money & cancelled credit. I have no legal counsel. He has not followed court orders to pay bills or give me agreed amount to live on as per standing orders. I want what I am entitled. He has denied me dental care and medical care, but spent 300k on a car and is on his second while I... Read more »

Chad Zubi
Chad Zubi answered on Jun 5, 2020

I'm not sure what you mean by "fdf" and about what exact timeline of 30 days you are referring to. It is possible that if you are the respondent and haven't filed an answer then a default could be taken against you, there are other ways an order could end up being entered... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I have been separated from my spouse for over 12 years now, do not where my spouse is and they are an illegal immigrant
Chad Zubi
Chad Zubi answered on Jun 5, 2020

If you want to terminate the marriage then you can file for a divorce and if your husband can’t be found then a lawyer can help you ask a court to fix that issue. To terminate the marriage you still need a divorce even if you have been separated for 12 years.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: what steps do i need to take to be able to move out of state with my children if there is an custody order in place?

The orders are to live in Denton county or surrounding counties however, my whole family has moved to Tennessee and the non custodial parent lives out past Mesquite. He isnt present in their lives, hasn't been in over a year, but when I wanted to relocate before he said that he didn't... Read more »

Chad Zubi
Chad Zubi answered on Jun 4, 2020

Does he live in a county the child is allowed to live in? The exact wording of the order needs to be reviewed to see if the geographical restriction was lifted automatically.

You can ask a court to modify an order lifting a geographical restriction based on a material and substantial...
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1 Answer | Asked in Child Custody for Texas on
Q: my son lived with his dad I paid his dad child support but on 5/22/2020 his dad passed away do I haVe the right get him?

This is for Fort Worth Texas not Atlanta I’m sorry

Chad Zubi
Chad Zubi answered on Jun 2, 2020

In Texas when a custodial parent dies the other parent will generally gain primary custody of the child unless the court finds that it is not in the child's best interest. This determination can vary according to the circumstances and it would be wise to consult with a qualified family... Read more »

4 Answers | Asked in Criminal Law for Texas on
Q: I need help! Husband was arrested 6/1 at his job on a warrant for charges of Indecency w/child sexual contact.

NO PHYSICAL evidence or pentration or anything. Just by word of mouth from my daughter, whom is his stepdaughter. CPS involved case may close soon. All was told by my daughter in Oct. via Text on FB messenger. Explain more if get response

Chad Zubi
Chad Zubi answered on Jun 2, 2020

You need to retain an attorney to make sure his rights are not violated, do this asap. 832-777-8924 if you have questions.

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1 Answer | Asked in Child Custody for Texas on
Q: If no child support can I file visitation possession on my own or do I need an attorney?
Chad Zubi
Chad Zubi answered on Jun 1, 2020

You can represent yourself but it is not a great idea. You should consult with an attorney about filing a suit affecting the parent child relationship to get visitation orders in place. Child support will also be dealt with in the same lawsuit.

3 Answers | Asked in Consumer Law, Criminal Law and Products Liability for Texas on
Q: Am I required by law to report a stolen package containing ammunition?

I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

You aren't legally required to report the ammunition stolen, but it would be a good idea.

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1 Answer | Asked in Divorce for Texas on
Q: My husband went to divorce court and didn’t tell me anything about it. I’m confused, I’m dying have 0 money HELP ME

He is taking advantage of my illness, if I die soon he doesn’t have to sell the house and he is already cheating. He gives me no money and my disability is 900 and I have to pay the electric bill my cell phone. I’m in the hospital going home on hospice so I need help as soon as possible.

Chad Zubi
Chad Zubi answered on Jun 1, 2020

I suggest that you contact a legal aid office or another program that offers low cost or free legal services. You are entitled to notice of the divorce lawsuit pending against you. It is important that you retain a lawyer to help you and here is a link on this site to free or low cost legal... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: Does my daughter's father have any legal rights to keep my daughter away from me if we were never married.

I am in Texas working I gave temporary guardianship to my parents until school ended. She is scheduled to join me in Texas on June 6th. He did sign the birth certificate but did not establish paternity. He is keeping her away from hos mother and my parents and has taken her phone so that we cannot... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

If there is no court order in place then he, as the father, has the same rights that you do. I suggest that you retain an attorney and get orders in place regarding the child by filing a suit affecting the parent child relationship. Doing so should eliminate the problem you are experiencing.

3 Answers | Asked in Child Custody, Criminal Law, Divorce and Family Law for Texas on
Q: Wife in FL, me Texas. Separated 》9yrs. Sent daughter back for 1 year. Wife wont send back, no orders can I take her back

My wife and I have been separated for over 9 years. I had custody of my daughter in texas for more than 5 years due to my daughter being found in the street in fl and being positive for drugs. The department of child services gave me custody. Her mom was able to get her back 2 years ago, but I kept... Read more »

Chad Zubi
Chad Zubi answered on May 31, 2020

If there are no orders stating otherwise then you can go get your daughter. I suggest that if you want a divorce then get an attorney to do it for you. The divorce will also handle issues related to your daughter.

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