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Questions Answered by Ruby K Bolton
1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Texas on
Q: My wife and I are getting a divorce she's not allowed me to see my son without any paperwork she is gone into hiding in

My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »

Ruby K Bolton
Ruby K Bolton answered on Jul 12, 2020

You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: what happens if both parents get married to each other while haveing a custody hearing with a child they share? In texas

We are dealing with court but we both got back together and the case keeps getting pushed out and we both want to end it . we no longer have a need to go to court

Ruby K Bolton
Ruby K Bolton answered on Jun 15, 2020

Child support and custody orders in Texas will state right in the order that they cease to be effective if the parties marry each other. But you don't need to get married to end the current litigation. Whoever brought the current suit needs to file a non-suit, telling the court that they want... Read more »

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: How can emotional/verbal/narcissist abuse be proven in court? And how can it affect divorce outcomes?

I'm living with an abusive narcissist - my husband fits the profile perfectly. I'm subjected almost daily to yelling, threatening. He has a violent temper but does not abuse me physically - he'll do things like swing to make me think he'll hit me but not actually hit. I'm... Read more »

Ruby K Bolton
Ruby K Bolton answered on Dec 3, 2018

You give a lot of examples of how you can prove verbal and emotional abuse in your question. Your own testimony at court is the most obvious. Anyone who has seen or heard your husband be abusive to you would also be a potential witness. The pictures and audio recordings are admissible, as is the... Read more »

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for

Misdemeanor possession of controlled substance they want urine and hair follicle test before he can visit his kids is this legal

Ruby K Bolton
Ruby K Bolton answered on Dec 3, 2018

A properly prepared an executed mediated settlement agreement is extraordinarily difficult to challenge. A parent who has been a victim of domestic violence perpetrated by the other parent in the past and and who signs an agreement because they continue to feel intimidated is allowed to challenge a... Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Will funds spent after divorce papers have been served be deducted from the settlement?

Funds have been charged on credit cards for entertainment, household items, furniture, etc. Will the cost of these be deducted from the settlement?

Ruby K Bolton
Ruby K Bolton answered on Nov 30, 2018

The Court will not automatically deduct funds from a settlement. In most cases, the parties eventually reach an agreement. If you and your spouse agree to deduct those funds, than they will be deducted. If you have a trial and a judge rules, they will only be deducted if they were wasteful,... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How is child support calculated in TX? Is it based on income or custody?

I am considering filing in the next year, and I want to be financially prepared. I am expecting my spouse to want 50/50 custody, or close to it. I want to know how this will affect child support. I make 75% of what my spouse makes. Would my spouse have to pay me child support based on the higher... Read more »

Ruby K Bolton
Ruby K Bolton answered on Nov 30, 2018

Custody of children should be determined based upon what is best for the children. Far too often, we see people now who are only seeking custody in an effort to pay less child support. I hope that that is not the case with your spouse, and that if he is asking for 50/50 custody it is because he... Read more »

1 Answer | Asked in Family Law for Texas on
Q: How can I go about having my husband committed to a rehab facility for drug addiction/sucidal thoughts and depression.

We are legally seperated due to his addiction. Things began to go down after my 6 year old daughter was sexually abused my my husbands father. When this surfaced lots of other family members came forward with abuse and my husband too a victim. There is court cases for these and it’s made my... Read more »

Ruby K Bolton
Ruby K Bolton answered on Nov 30, 2018

There are provisions in the Texas Health and Safety Code that allow a court to place someone in inpatient psychiatric care against their will. The psychiatric care will frequently include treatment for substance abuse. To commit someone involuntarily, an individual must execute an Application for... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I am 17 and want to move out of my mom's house to move in with my brother who's 23. Can I do it legally without consent
Ruby K Bolton
Ruby K Bolton answered on Nov 28, 2018

At age 17, you are still a minor and 63.009(g) of the Texas Code of Criminal Procedure authorizes police to take possession of you and return you to your parents if you move out without their consent. Your brother should also be concerned about being criminally charged with harboring a runaway. In... Read more »

2 Answers | Asked in Family Law for Texas on
Q: We have a court order to use a app to communicate when we cannot get along. Is he in contempt for refusing to use this?

I have in text him saying he refuses to use the app. I have since blocked his phone number due to harassing messages. Told him to use the app.

Ruby K Bolton
Ruby K Bolton answered on Nov 28, 2018

The use of a co-parenting web site is frequently mandated by the court in contentious cases. If the other parent refuses to honor the Court's order, they can be found to be in contempt of court. However, whether they will be found in contempt or not is a different question. The answer depends... Read more »

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