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I missed my trial date for my divorce case because my car broke down on the way to court. Despite contacting the court to explain my situation, the judge proceeded with a default judgment due to my absence. What steps can I take to address the default judgment and possibly have my case reconsidered?
answered on May 1, 2025
If it has been less than 30 days since the default judgment was entered, you can file a Motion for a New Trial. In that motion you will need to include why you did not appear on the date of trial and ask the court to grant you a new trial. If it has been more than 30 days since the default judgment... View More 
I'm currently alternating weeks with the other parent for visitation, but we now live over two hours apart, more than 100 miles away. Our daughter is about to start pre-kindergarten in a few months, and we don't have any existing court orders for visitation. I've tried discussing the... View More
answered on Apr 16, 2025
It sounds like you have existing court order that doesn't address this issue. If that is correct, then you would want to file a Petition to Modify the Parent-Child Relationship because you are asking the Judge to change an existing court order.
You are asking the Judge to change in... View More
I have been representing myself in my divorce case. In November, the court determined that I was violent and I was given state-supervised visitation with my children until I completed an anger management course. After completing the course, I was supposed to receive standard possession. I submitted... View More
answered on Feb 14, 2025
I am sorry you are dealing with this issue with your children's school, but happy that your possession periods with your children are now unsupervised.
You should start with a copy of the following documents: 1) your current court order and 2) your Certificate of Completion of your... View More
answered on Jan 20, 2025
I'm sooo sorry that you and your children experienced this. Yes, you can terminate your ex husband's parental rights on those grounds. The Texas Family Code specifically allows for you to seek termination if a parent has been convicted of a criminal offense for sexual abuse.
You... View More
answered on Dec 4, 2024
The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More
My ex-husband and I share two children, we're recently divorced and he has them for Christmas this year, 2024. He is the non-custodial parent. He has recently told me that he has signed a lease to a "new" place of residency in Georgia where he will be living from now on and the boys... View More
answered on Dec 4, 2024
Unless your divorce decree states that you do not have to release the children without the Father's address, you are required to follow the divorce decree and surrender to the children to Father at the time and place in your decree. Failure to do so could result him taking you to court for... View More
answered on Nov 1, 2024
You should seek out a family law attorney to discuss getting a divorce in Rexas.
Texas law does not allow for "legal separation" for which a separation agreement would be needed. In Texas, you are married until you are divorced.
Also, Texas is a community property state,... View More
Standard visitation schedule for this month of June 2024
answered on Jun 13, 2024
Under a Standard Possession schedule, the weekends in June are as follows:
Friday, June 7 was the 1st weekend of June.
Friday, June 14 starts the 2nd weekend of June. It's is also Father's Day weekend, so Father's get this weekend regardless if it would normally be... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
answered on Apr 6, 2024
Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.
The community estate consists of any property that was acquired during the marriage (except for... View More
And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?
answered on Feb 22, 2024
A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More
Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.
answered on Feb 9, 2024
Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.
I hope this information helps. Good luck to you.
My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More
answered on Feb 9, 2024
Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.
In a divorce, if the house is community property, the... View More
We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More
answered on Feb 9, 2024
If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.
We’re not married, no custody order in place, he has bad anger issues and will scream and slam doors etc, right in front of our son. And I’ve had enough but all my support and family is in California.
answered on Jan 19, 2024
As long as there are currently no court orders in place requiring the child to remain in Texas, you are able to travel/move with your child as you determine is in the child's best interest.
If there is domestic or family violence in the situation, you should consider putting a... View More
answered on Dec 29, 2023
Just based on what you've posted, this would leave any family law attorney with a host of other questions. Because of this, it makes it a little difficult to answer your question without presenting you with additional questions.
I would suggest you schedule a consultation with an... View More
answered on Dec 29, 2023
You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.
In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT... View More
The lawyer is no longer answering his phone or responding from emails. His information doesn’t show up on the Texas state bar website either so I have no way to reach him. This is the last thing I need to finish my divorce everything has been signed and filed but I can’t get it in front of a... View More
answered on Dec 29, 2023
I am sorry you're going through this. I would suggest that you print off all information that you have showing how you've tried to reach rhe attorney (i.e. screenshot of blank State Bar website page, screenshot of attorney's non-active webpage, etc., documented proof that you have... View More
I served my ex-husband papers with Motion to Modify to get standard visitation rights to see my kids. My lawyer failed to notify me of the court date nor did he show up for court either. My ex-husband and his attorney were the only ones there. So the judge ruled in his favor with prejudice against... View More
answered on Dec 6, 2023
In this case because neither yourself (nor your attorney) showed for the court hearing, a default judgment was entered against you. Depending on when the Judge signed the default order, you may be able to file a Motion for New Trial to request that you be granted another hearing. You have 30 days... View More
CAN SHE COME AFTER MY ONCOME ONCE WE ARE MARRIED SHE KEEPS ASKING FOR REVIEW EVERY TIMES SSOMETHING DOESNT GOES HER WAY. IM AFRAID ONCE WE MARRY SHE WILL TRY TO MAKE THEM INCLUDE MY INCOME SINCE I MAKE MORE THAN HIM . I LIVE IN TEXAS
answered on Jan 16, 2025
In Texas, only the noncustodial (or non-primary) parent's income is used to calculate child support for the child(ren). Texas does not include the income of the noncustodial parent's spouse in the child support calculation.
I hope this information helps. Good luck to you!
I AM INTERESTED ON TAKING AN LLM MASTERS DEGREE AT THE UNIVERSITY OF SAN DIEGO, CA.
answered on Dec 4, 2024
This is a link to the website of the Texas Board of Law Examiners. You may be able to find the answer to your question there.
https://ble.texas.gov/home
I hope this information helps. Good luck to you.
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