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Questions Answered by Chad Zubi
1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Austin is having protests, I have a standing order in place. But I don’t want to possibly endanger my kids.

We are separated, divorce not final. She was served and the kids were with her at the time. Austin is in the middle of a protest. I have lawyers but they are not available to talk to. I have standing orders to not change the children’s residences...but I have no clue what that means. It says... Read more »

Chad Zubi
Chad Zubi answered on May 31, 2020

If there is a standing order in place then you are required to follow it. My interpretation of don’t change the children’s residence is don’t change where they live by moving unless the specified conditions have been met. It doesn’t mean that you are prohibited from following a possession... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: If lawyer withdraws from case and does not turn in discovery pakage

A court appointed lawyer has no discovery on case

Chad Zubi
Chad Zubi answered on May 31, 2020

It sounds like, if you don’t already have a lawyer, you should consider trying to find a way to get another lawyer, to review any discovery produced by the state and proceed with your case.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do I have a right to the $500 stimulus payment my ex recieved for a child who has since moved in with me?

With my blessing, my ex claimed our 2 children on our 2019 tax return. Since filing, one of those children has lived exclusively with me. My ex received $2,200 as a COVID stimulus, $500 of that intended for the son who now lives with me, but he has not offered to give us the money. Do I have a... Read more »

Chad Zubi
Chad Zubi answered on May 30, 2020

I don’t believe that you would have a right to the $500.00, unless there is a court order saying otherwise, and it likely isn’t worth the cost to ask a court for him to give you the $500.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: Texas standard Possession court order I am the non-custodial parent

hello I have a court-ordered Standard Possession with my ex for my son a while back my wife passed so I tried to arrange a different pick up time with my ex because my new job which ended in a different time and location of pick up that I wasn't too sure about she eventually backs out wanting... Read more »

Chad Zubi
Chad Zubi answered on May 30, 2020

If there has been a material and substantial change in circumstances then you can ask the court to modify the terms of the order. Until the order is modified by the court, you must follow it. Most orders allow for parents to agree on times of possession instead of going by the spo schedule, this... Read more »

1 Answer | Asked in Family Law, Animal / Dog Law, Elder Law and Health Care Law for Texas on
Q: under what circumstance can my 15 cats be taken from me?
Chad Zubi
Chad Zubi answered on May 30, 2020

You need to give some more background information. Your question is too broad to give a good answer.

1 Answer | Asked in Family Law for Texas on
Q: If cps took kids from a mother 9 months ago do to neglect do I legally as the grandma have to let my grandkids go back
Chad Zubi
Chad Zubi answered on May 29, 2020

It depends on what orders a court has made. I understand a grandparent's concern, but If a court has not limited the rights of the mother then she has more right to the kids than you do. The existence of a CPS case in and of itself does not limit a mother's rights to her children.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for Texas on
Q: What will happen if I haven't given birth yet, the dad isn't signing the birth certificate etc?

The dad is a drug dealer with 5 other kids. He’s sold drugs in front of them before, he’s told me this himself & Ive actually seen him have 2 of his youngest with him in a junkies car while he went to go get the drugs while on face time. He smokes weed/cigarettes around his kids. I'm... Read more »

Chad Zubi
Chad Zubi answered on May 29, 2020

Upon the child's birth he has the same rights as you. A protective order will not likely bestow rights upon him.

If he has committed domestic violence against you or a member of your household and it is likely that this will happen again then you could potentially get a protective...
Read more »

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1 Answer | Asked in Child Custody for Texas on
Q: If my kid was held back from school a year do I still have to pay child support after he turns of age?
Chad Zubi
Chad Zubi answered on May 28, 2020

In general, you will be required to continue the payment of child support until the child graduates or turns 18 whichever is later. That child will have to meet certain attendance requirements after the age of 18. You should not just stop paying. You should verify in your order that you are... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can I purchase a firearm if I was convicted for a felony in 2003 for graffiti in state of Texas I've been out of trouble

I served a 6 month sentence for the crime.

Chad Zubi
Chad Zubi answered on May 27, 2020

A felony conviction causes you to be ineligible to own a firearm.

1 Answer | Asked in Probate for Texas on
Q: Can my probation officer revoke me for 1 dirty ua
Chad Zubi
Chad Zubi answered on May 27, 2020

A judge could decide to revoke your probation for one failed drug test, you are not entitled to a free pass. It is important that you adhere strictly to the terms of your probation, make the satisfaction of the terms of probation as your top priority.

3 Answers | Asked in Family Law for Texas on
Q: Can or do I get my daughter this summer?

I had a court order 4 years ago laying out phases I needed to go through. With 4 phases of restrict and supervised visitation. As well a random hair folicile test every 90 days. Petitioner can call me to take a random within 3 hours. Petitioner will pay for random unless I fail then I have to... Read more »

Chad Zubi
Chad Zubi answered on May 26, 2020

It sounds like you may be able to have the order modified if neither party has followed the order thus far. In order to get a modification you will need to show a material and substantial change in circumstances. It would be wise to discuss your particular situation with a qualified family law... Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: The mother which has custody of my child dropped the child off to visit for an afternoon and has not returned

What should I do

Chad Zubi
Chad Zubi answered on May 26, 2020

You should talk to a lawyer about the specific circumstances that you are in. There are questions that must be answered such as, how long has it been since she left and has she expressed an intent to return? Also, is there a court order in place regarding the child? If no order is in place then... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I am reviewing my divorce and am unsure if the terms in the Petition for Divorce or the Final Decree of Divorce matter.
Chad Zubi
Chad Zubi answered on May 26, 2020

I see that you are asking the question from Bremerton WA, but your question is under the Texas category. I can't and don't advise on law in Washington, but in Texas both documents are of utmost importance. The petition is the document that asks the court for specific relief and the... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If I have a 15 year old refusing to see her dad for visitations, what do I do? She’s my size. I can’t physically force
Chad Zubi
Chad Zubi answered on May 21, 2020

If a court has put an order in place giving the other parent the right to visitation then it is your duty to make sure she goes. I realize that this may be difficult. A possible solution to your problem would be do find out why your daughter doesn't want to go. Once you find out what... Read more »

1 Answer | Asked in Divorce and White Collar Crime for Texas on
Q: I asked my husband how he has me in debt and no hes divorcing me. What do i do?
Chad Zubi
Chad Zubi answered on May 21, 2020

If he hasn't actually filed yet then you can file a petition for divorce first. If you don't file first then your husband must have you personally served with the paperwork initiating the divorce lawsuit. He may ask you to sign a waiver of service, and it is wise not to do that. Once... Read more »

3 Answers | Asked in Family Law, Criminal Law and Child Custody for Texas on
Q: If the alleged father takes me to court, how likely will he be granted visitation?

He has put his hands around my neck and mentioned strangulation, kicked me out the car at night on the highway, damaged my car by keying it, damaged his own property and tried to accuse me of doing it, stalks and harasses me even after cease and desist, caught him stealing my trash and going... Read more »

Chad Zubi
Chad Zubi answered on May 18, 2020

I agree with the other answer regarding a protective order by Hon. Richard W.B. Davis, however, you can also file a suit affecting the parent child relationship to get an order in place regarding the child. You will have to prove what you are saying regarding the domestic violence, and it may be... Read more »

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Wants to pick my son up and take him to his friends instead of staying here. My baby is exclusively breastfed! Help

I am going through a probono divorce. Baby daddy cane to visit for the weekend and has went left twice now to visit his friend instead of staying with his son. And tomorrow he’s saying he is going to pick him up. He does not have a car seat, my baby is 3 months old is breastfed only. Does not... Read more »

Chad Zubi
Chad Zubi answered on May 18, 2020

I agree with the answer provided by Hon. Richard W.B. Davis, however, if your county does not have a standing order that governs visitation then an option you may have is to get temporary orders that outline exactly what visitation is going to look like while the case goes on. A temporary order... Read more »

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have filled a petition for custody of my granddaughter I have had for 11/2yr. My daughter snatched her+ x state lines?

I have had my granddaughter for a year and a half my daughter took her and she now has her hiding in Oklahoma with non blood relation family who knowingly took her in help!

Chad Zubi
Chad Zubi answered on May 18, 2020

Depending on the specific facts of your case, and you should speak with a lawyer, it sounds like you have standing to bring a suit affecting the parent child relationship. A court can make orders regarding the child, and potentially give you the exclusive right to designate the child's... Read more »

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1 Answer | Asked in Civil Litigation for Texas on
Q: How can I go about using text messages in court . What are the proper steps to doing so?
Chad Zubi
Chad Zubi answered on May 16, 2020

Text messages can be a valuable piece of evidence in proving your case in front of a court. However, it is important to know that there are very specific rules regarding when evidence is admissible and when it isn't. In addition, there is a specific procedure related to introducing evidence.... Read more »

2 Answers | Asked in Divorce for Texas on
Q: Can I draw up divorce papers myself and send them to my husband without making it official?
Chad Zubi
Chad Zubi answered on May 16, 2020

A party to a divorce is not allowed to serve their spouse with the divorce papers themselves. You should be aware that their are specific rules regarding the drafting, filing, and serving of petitions for divorce, and mistakes can be costly. I do not suggest that you do it yourself because of the... Read more »

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