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Questions Answered by Jon R. Boyd
2 Answers | Asked in Adoption and Family Law for Texas on
Q: Legal process when a Respondent doesn't properly cite the Petitioner.

(In Texas) In a Termination of Parental Rights Family Law case, the petitioner had the Petition served to a respondent. The respondent sent a Original Answer to the Court. BUT did not fill out a Certificate of Service and did not send the petitioner a copy of the Original Answer.

IS the... View More

Jon R. Boyd
Jon R. Boyd
answered on Dec 6, 2019

When you file the Answer, it is your duty and responsibility to send a copy to Petitioner. If you don't, your Answer is still on file, but you could be sanctioned by the Court for failing to copy Petitioner on your filing.

The Petitioner, not having received an Answer from you, and...
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2 Answers | Asked in Divorce, Family Law and Child Support for Texas on
Q: Hello and thank you for reading my question I have twin daughters who are 17 and both have major issues.

Can I extend child support as one or both will have to remain in my care post 18?

Jon R. Boyd
Jon R. Boyd
answered on Dec 5, 2019

You can ask the court to extend it if they are disabled and meet the criteria specified in the Family Code. You will need the medical evidence to support it. You will need an attorney.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I have a client who's husband just died and I wanted to know how can she set the warranty deed under her name.

She wants to take out her husband's name out and only have it under her name.

Jon R. Boyd
Jon R. Boyd
answered on Dec 4, 2019

She needs to either probate his Will or have an intestate proceeding, such as Petition to Declare Heirship, etc.

I'd be happy to help if you/she needs it. Have her call me.

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Jon R. Boyd
Jon R. Boyd
answered on Dec 4, 2019

Default means you were properly notified of the suit having been filed and you failed to appear/file a response, so the Court allowed the filing party to proceed to court without further notice to you and get what they filed for.

If that happened to you, you have 30 days to file a Motion...
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3 Answers | Asked in Probate for Texas on
Q: Father passed over 1 yr. His sister is allegedly executor. A will has not been file to date, what are my options.

My father has property located in Angelina and Polk County Texas

Jon R. Boyd
Jon R. Boyd
answered on Dec 4, 2019

You don't mention where the Will is, but you need to locate it and have it probated in court. Call me and I'll be glad to do this for you. -Jon

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4 Answers | Asked in Family Law for Texas on
Q: Do i need a lawyer to file a written answer, or should I do it myself?

I've received a citation for personal service from the county clerk for a cps case. They've eliminated the perpetrator of no neglect, but is trying to force myself and my daughter to take agree to therapy, which I feel we do not need. I'm unsure of what I should do next.

Jon R. Boyd
Jon R. Boyd
answered on Dec 3, 2019

You should file an Answer. It can be prepared by you if you want since it is so simple. Just write the style and cause no. just like the Petition served on you, then say is is your Answer to the Petition, then say you deny all the allegations of the Petition. Add your name, address, cell phone and... View More

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: how does a dad get Joint Physical and legal Custody of his child.
Jon R. Boyd
Jon R. Boyd
answered on Dec 2, 2019

Get some money together.

See a lawyer.

File a petition in court.

Have a hearing.

Get an Order signed by the judge.

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2 Answers | Asked in Family Law for Texas on
Q: My daughter is living in Cooke County. She is not married but living with the father of her 4-month-old. They signed an

Acknowledgement of Paternity form and the father's name is on the birth certificate. She does not know what her rights are as far as leaving Texas with the baby for a short amount of time- or for the long term. Please advise and direct me to any pertinent resources.

Thanks

Jon R. Boyd
Jon R. Boyd
answered on Dec 2, 2019

Absent a court order otherwise, she can go or move anywhere she wants with the child. However, if he then filed to bring the child back, MOST courts would grant that request and restrict her residence.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My sister and I are co-executors of parent's will, she passed away before them. Am I sole executor ?

Do I need to obtain sister's death certificate ? Would another co-executor be named by court ?

Jon R. Boyd
Jon R. Boyd
answered on Nov 25, 2019

Depends on what the Will says.

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2 Answers | Asked in Family Law for Texas on
Q: When I fill out a motion to set aside default judgment and notice of hearing am I the petitioner or the respondent in
Jon R. Boyd
Jon R. Boyd
answered on Nov 25, 2019

I agree you are the Movant and you're probably the Respondent since you say a default was taken against you. But you have no business doing that without a lawyer.

Have you read Craddock v Sunshine Buslines?

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3 Answers | Asked in Family Law for Texas on
Q: What form do I file to terminate my parental rights to a child
Jon R. Boyd
Jon R. Boyd
answered on Nov 23, 2019

It doesn’t work that way.

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: We lived in Texas for about 1.5 years. I left the the US to go to my home country in August 2019.

My husband filed for divorce after I left after in August.

I haven't received any papers from the court yet. My green card expires in December. After my green card expired will the divorce still take place in Texas? Has Texas still juristiction over me in this case or will it be my... View More

Jon R. Boyd
Jon R. Boyd
answered on Nov 23, 2019

You didn’t say where you have been living or whether you have a child together, and if so, where the child was conceived, had been living, etc., all of which make a difference.

There are three kinds of jurisdiction: jurisdiction over adjudication of the marital status; jurisdiction over...
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4 Answers | Asked in Probate for Texas on
Q: Can I legally forfeit my rights or claims to my father's estate?

Father passed away without a will. We have been estranged for 10 plus years. I have three other siblings.

Jon R. Boyd
Jon R. Boyd
answered on Nov 4, 2019

Yes

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3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I get a marriage assault bodily injury charge put on me instead of my wife?

I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when... View More

Jon R. Boyd
Jon R. Boyd
answered on Nov 3, 2019

Ok, interesting Bc:

1. In 40 yrs I have NEVER had anyone ask this question!

2. You do NOT want to do what you’re asking.

3. No, you cannot make them change it to you.

4. When you get divorced, hire a lawyer.

Good luck.

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1 Answer | Asked in Family Law for Texas on
Q: I had a review conference and I didn't sign it because I don't think I should have supervised visitation for my 14 yr ol

I had given temporary placement to the absent father in 2014 the unrelated CPS case. Wench at that time their decision was supervised visitation. That case is closed and since then I've been in involved in active in my son's life which he is 14 years old.

Jon R. Boyd
Jon R. Boyd
answered on Oct 30, 2019

I assume you mean an Atty General review conf?

If so, the AG will file a Petition in court and have you served. You must timely respond and appear at the hearing. Strongly recommend you hire a lawyer.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How hard is it to have geographic restrictions lifted in Texas?

I have one child from a marriage, and have since had two children from a relationship after the marriage. I’m originally from Indiana and my family still lives there. My ex-husband and his parents live near us. My ex-husband sees our son four days a month, while I have our son the other 26-27... View More

Jon R. Boyd
Jon R. Boyd
answered on Oct 29, 2019

Unless you are willing to try the case to a jury, which in Texas you can do, it will depend on which court your case is in and how the Judge feels about the issue. Some judges will almost never let you move, others will almost always let you move. Some judges will evaluate on a case by case basis... View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Is spousal maintenance and division of retired pay the same thing in TX.

I received a citation to appear in court that states, " ORDER TO APPEAR AND MOTION TO SET PETITION FOR ENFORCEMENT OF SPOUSAL MAINTENANCE", I have been divorced from her since 2002. The original petition was for division of retired pay not spousal maintenance.

Jon R. Boyd
Jon R. Boyd
answered on Oct 29, 2019

No.

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2 Answers | Asked in Family Law for Texas on
Q: My girlfriend's parents want to put a restraining order on me because she doesn't want to stop talking to me.

I'm 21 and she's 19. Do they still have the authority to do so or is there a way we can fight it?

Jon R. Boyd
Jon R. Boyd
answered on Oct 28, 2019

They don't have the legal right since she's an adult (again, unless there is a guardianship over her if she is mentally incompetent), but if she's living in their home, practically speaking they kinda can tell her the rules of the house.

Might want to ask yourself why...
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4 Answers | Asked in Child Custody and Family Law for Texas on
Q: Custody hearing in Texas

In a custody hearing in Texas, is everything said by everyone in the court room recorded or documented? If so is it public record? Or is there any way to obtain a copy of it if it was my custody case? (My lawyer that represented me at the time of the custody case is now deceased)

Jon R. Boyd
Jon R. Boyd
answered on Oct 28, 2019

If you were in Dallas or Ft Worth and in an Associate Judge's court, there is no court reporter unless one party or the other brings and pays for their own (with the exception of Enforcement hearings in Ft. Worth, then the Courts provide a court reporter.) Only the Dist Judge's courts... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m just now receiving a notice for child support. The baby is 4. What are the odds that I can get Full custody ?

The mother never informed me that she was pregnant. Now 4yrs later I’m hit with Child Support papers. What are the odds of getting full custody of the child if he’s mine? What steps do I need to take to ensure I get full custody? Of course after a DNA test. Court date is next month.

Jon R. Boyd
Jon R. Boyd
answered on Oct 25, 2019

Call me or a lawyer of your choosing quickly.

I can't tell from your brief description what is happening and would need more facts to give you any kind of educated opinion. Too much to discuss here.

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