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Questions Answered by Chad Zubi
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

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1 Answer | Asked in Child Custody for Texas on
Q: What are my ex chances of getting full custody

I have a 2 year old daughter. I was never married to her birth dad nor was there anything through the court. My daughter and I moved with my fiance from Ohio to Texas 7 months ago. I want to while for child support. My fiance and I are getting married 11.28.2020 and I am pregnant with his baby and... View More

Chad Zubi
Chad Zubi
answered on May 15, 2020

If no court order is in place then your ex has the exact same rights as you do. If one of you files a petition, with the proper court, to get an order in place, then it is the court's decision as to who will be the parent who has the exclusive right to designate the child's residence.... View More

1 Answer | Asked in Divorce for Texas on
Q: If my mom gave me her dogs before she got divorced, can her husband try and get the dogs now when they go to court??
Chad Zubi
Chad Zubi
answered on May 14, 2020

The answer to your question depends largely on the arguments made in court. I suggest that your mother speak with a qualified divorce lawyer to advocate for her interests and to possibly argue that the dogs are not a part of the community estate and were gifted to you. Although I appreciate the... View More

1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: If a couple in the state of Texas have a house and 1 of them decide to keep the house.

85,000 is owed on the house. The house was appraised at $240,000 how is it split?

Chad Zubi
Chad Zubi
answered on May 14, 2020

The answer to your question depends. A Texas family court will seek to make a just and right division of the community estate. There are a few different ways that this could end, and these examples are not all inclusive. A court could order that the house be sold and the proceeds be split or it... View More

1 Answer | Asked in Divorce for Texas on
Q: Going through divorce. Am I liable for a line of credit in my name only that was used for our business and personal use?

We had 3 bussinesses that my wife solely managed and did all accounting. She told me when to make a draw on LOC and how much, which I did. We also used it for living expenses. She now says it's all my debt because she could not sign on it. Is there any way to hold her responsible for half of... View More

Chad Zubi
Chad Zubi
answered on May 13, 2020

Your wife is incorrect in thinking that she cannot be held liable for the debt associated with the line of credit. In general, courts will divide the community estate and the debts that were acquired during the marriage, and it is very possible that she will be responsible for a portion of the... View More

1 Answer | Asked in Child Custody for Texas on
Q: My son and his girlfriend are in agreement on child custody terms he is needing someone to draw up the papers correctly

They both live in Ellis county...what is their next step who do they contact...they want it done right but are working with a budget. They aren't legally married they have lived together for aprox. 6 years. They have two girls together one 4 and one 15 months. My son wants to be the... View More

Chad Zubi
Chad Zubi
answered on May 13, 2020

Your son needs to set an appointment with a qualified family lawyer who knows how to draft and file the necessary paperwork to get the process started. A family lawyer should be able to guide your son through the entire process and will very likely be worth the cost.

1 Answer | Asked in Child Custody for Texas on
Q: Mom of my son has full custody but He’s lives with me on off since he was born can I got to court for joint or full

The mother of my 7 yo has full custody but he’s I’ve been apart of his life since he was born he would rather live with me, I can see him whenever I want and he’s been living with me full time for the past year now his mother came and took him back can I go to court to get full or join... View More

Chad Zubi
Chad Zubi
answered on May 13, 2020

I suspect that no order is currently in place, but if you have a court order in place then you should enlist the help of an attorney to examine your old order and analyze whether or not you meet the requirements necessary for modifying it. In general, if there has been a material and substantial... View More

1 Answer | Asked in Divorce for Texas on
Q: Where do i start to get a legal separation from my husband and how does it work? Who gets to stay in the home&who leaves
Chad Zubi
Chad Zubi
answered on May 12, 2020

Texas does not recognize legal separation and it depends of the specific facts of your case as to who gets to stay in the house, you may or may not be able to stay in the home. The process for obtaining a divorce in Texas can be complicated without the help of qualified legal counsel. A good... View More

1 Answer | Asked in Divorce for Texas on
Q: Divorce Options

My mother separated from my father almost 20 years ago but never got legally divorced. My father is a convicted felon that was deported to his home country almost 10 years ago and has no way of returning to the US. There is no property or children to contest. What are my mom's options to... View More

Chad Zubi
Chad Zubi
answered on May 12, 2020

Texas does not recognize legal separation and your mother should speak with a qualified divorce lawyer to get the process of obtaining a divorce started. The fact that they have been separated for 20 years does not change the validity of the marriage.

1 Answer | Asked in Divorce for Texas on
Q: My daughter left an abusive marriage and lives with me now with her 7 year old. I am 72. I want a divorce.

How can I keep the house so the Granddaughter does not have to be upset again. Even if just for a couple of years.

Chad Zubi
Chad Zubi
answered on May 12, 2020

Community property belongs to both you and your spouse and a court will seek to make a "just and right" division of the community estate. There are different ways, none of which are guaranteed, that you could possibly end up keeping the house, whether the court awards it to you or you... View More

1 Answer | Asked in Divorce for Texas on
Q: Can I appeal my divorce that was final in 2016 for not having proper representation
Chad Zubi
Chad Zubi
answered on May 12, 2020

The deadline for filing an appeal or motion for a new trial in Texas is 30 days from the date the court signed the judgment. Depending on what you think the problem is with the divorce decree, if there has been a material and substantial change in circumstances then you may be able to get a... View More

2 Answers | Asked in Family Law for Texas on
Q: Can a father leave to another state with his children if the mother is in a coma

The father won’t let the mothers family see the children , father won’t accept calls and won’t let us talk to the children , she was involved in a car accident while he was driving and the mother and daughter where both hurt vary badly

Chad Zubi
Chad Zubi
answered on May 15, 2020

If there is no order in place then yes he can leave the state. If there is a court order in place then the order will control whether or not he can leave the state. Regarding allowing phone calls etc... if the order doesn't order that he must accept the calls from the mother's family or... View More

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1 Answer | Asked in Divorce for Texas on
Q: Am I alone responsible for a line of credit debt? I signed for the draws but my wife could not. Draws were business.
Chad Zubi
Chad Zubi
answered on May 12, 2020

The answer to your question depends. Court's have wide discretion in awarding debt in a divorce and a court will look at the specific circumstances surrounding your case. It is possible that you may be solely responsible for the debt, or if a court doesn't think that is proper, then... View More

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