Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Chad Zubi
1 Answer | Asked in Divorce for Texas on
Q: Can I file for Divorce on my own without a lawyer if my spouse is incarcerated?

Its a mutual agreement. We don't have kids, property or any kind of attachments together.

Chad Zubi
Chad Zubi answered on Jun 1, 2021

You have the right to represent yourself in a divorce, but the better course of action is to obtain the help of competent counsel who can assure that your rights are secured and that you correctly follow all procedures. Costly mistakes can result from minor procedural mistakes.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do we have to force my 7 year old stepdaughter to go on her visitation time with her mom? She begs us not to.
Chad Zubi
Chad Zubi answered on May 27, 2021

Hello and thank you for the question. If there is a court order in which the mother is entitled to visitation then the seven-year-old child must go whether or not they desire to. So in essence the other parent has to force her to go.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was with my common law wife since around 2008:we just septated and I ended up leaving with nothing. We agreed to put

Items in storage. Now she won't let me have the rest of my things. What should I do on a Military Pension so only have $1100 a month.

Chad Zubi
Chad Zubi answered on Mar 4, 2021

You should consult a lawyer about this situation, there are many lawyers who offer free case evaluations. In general you may file a petition for divorce and as the case proceeds there will come a property division. In the meantime you may be able to obtain temporary orders, but this is not legal... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What are my steps to help secure at least 50 50 custody of our 3 kids during divorce?

Neither one of us are unsafe around them. I just dont want to lose them if we end up getting divorced. What are my best options as the husband to help keep it even time?

Chad Zubi
Chad Zubi answered on Jan 18, 2021

One thing that courts consider when devising a parenting plan is how much each parent is involved with the children before the divorce, being a big part of the kids' life can have a big impact on the result of a child custody case.

That being said, the standard possession order is...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: In divorce if I pay all bills and I am sole person on mortgage can I get house in divorce but he is in title
Chad Zubi
Chad Zubi answered on Jan 3, 2021

If the house was acquired during marriage then it is community property and is subject

to division, regardless of who is on the title or mortgage.

That being said, it could be that you keep the house and the debt that goes with it, but he gets more of something else that...
Read more »

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...
Read more »

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 »

View More Answers

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.

View More Answers

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...
Read more »

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...
Read more »

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.