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Questions Answered by Chad Zubi
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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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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Divorce for Texas on
Q: i left my wife due to high stress and tension and i didnt tell her were i was going can she get me for desertion

i have no items or property for us to go 50/50 on but i got in my car and drove off and never looked back i was living in pa when i got married but i moved to texas and i got divorce papers and i filled them out i just got to mail them

Chad Zubi
Chad Zubi answered on May 10, 2020

If you want a divorce then you should speak to a qualified lawyer who works specifically in that area. There are specific statutory rules regarding jurisdiction, how, as well as where, to file your initial divorce documents with the court. You don't want to make a simple mistake that ends up... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: what is the process after filing motion to petition the court for Order In Suit Affecting the Parent-Child Relationship

My daughter has to file a "Motion to Petition" the Court on a "Order In Suit Affecting The Parent-Child Relationship" (Non-Parent Custody Order). She doesn't have the funds to hire an attorney and therefore she's going to file the petition herself. What is the next... Read more »

Chad Zubi
Chad Zubi answered on May 8, 2020

Greetings, your daughter shouldn't handle a lawsuit like the one you have described above without a lawyer. I suggest finding a way to get the funds to hire a private lawyer or trying to find a lawyer referral service that will provide a low cost or no cost lawyer. Generally speaking,... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I am listed as an auth user on my spouses acct. Am I responsible for the bal if I havn't used the accts since separation

I have filed a petition for divorce and we are assuming our own expenses, property, debt. Am I responsible for any debt he has incurred since our separation if I have not utilized the accounts. I attempted to have myself removed when when we first separated, but was advised that he would have to... Read more »

Chad Zubi
Chad Zubi answered on May 8, 2020

It is possible that you could be ordered to assume any debt that was acquired during the marriage. However, it is common, but not in any way guaranteed, that debts acquired after the date of separation be paid by the party who incurred the debt. It would be wise for you to enlist the assistance... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Probability of having orders changed so I can see the kids on 50/50. Currently on a 80/20.

Ex says her attorneys think it would be a complete waste of my time and money and that going to court would backfire on me.

I have strong evidence of poor living conditions. and her claiming to be too sick to do things such as shoping at the grocery store. I also have moderate evidence of... Read more »

Chad Zubi
Chad Zubi answered on May 8, 2020

What your ex spouse's attorneys think is not of utmost importance in deciding whether or not to petition the court to modify your current visitation order. If there has been a material and substantial change in circumstances since the court signed your old order then it is possible that a... Read more »

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2 Answers | Asked in Child Custody for Texas on
Q: Do I have to have to do temporary orders if I go to treatment?
Chad Zubi
Chad Zubi answered on May 6, 2020

The answer to your question really depends. A temporary order hearing in a child custody case is generally a hearing to resolve issues that can't wait until the case is completely over and it can have a profound impact on the outcome of a case. Either side to a child custody case can ask a... Read more »

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