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(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
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... View More
Can I extend child support as one or both will have to remain in my care post 18?
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.
She wants to take out her husband's name out and only have it under her name.
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.
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... View More
My father has property located in Angelina and Polk County Texas
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
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.
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
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.
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
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.
Do I need to obtain sister's death certificate ? Would another co-executor be named by court ?
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?
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
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... View More
Father passed away without a will. We have been estranged for 10 plus years. I have three other siblings.
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
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.
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.
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.
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
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
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.
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?
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... View More
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)
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
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.
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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