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Questions Answered by Rafee'a S. Majeed
1 Answer | Asked in Family Law for Texas on
Q: What can you do when you receive a late modification notice “ATTY Citation IV-D”

Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 10, 2022

You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the... View More

3 Answers | Asked in Child Support and Family Law for Texas on
Q: “The situation is appearing in court for a Motion for Enforcement and suit of Modification of Support Order”

My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 8, 2022

If you are unsure what your legal rights are, you should seek legal counsel to represent you in a suit like this one. At the very minimum, you should pay for a consultation with a family law attorney to discuss the case and determine if you really need legal representation or not. They may be... View More

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2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can i request a de novo hearing on line
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 1, 2022

You cannot request a de novo hearing online. You must file a proper request with the court.

Also, a request for a de novo hearing must be filed no later than three (3) days after the Judge's ruling or is not considered timely filed and your request could get denied.

I hope...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If my brother has primary custody of his minor daughter, can he designate POA or does mom automatically get authority?

My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2022

If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over... View More

2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: in a pretrial of a contested will(family law) can it be dismiss?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 11, 2022

This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I had a lawyer file everything, but I cannot afford them to be at the trial/pre-trial for visitation. What should I do?

I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 4, 2022

Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if... View More

1 Answer | Asked in Family Law for Texas on
Q: Will i be able to cancel a notarized letter giving a family member legal rights of my child at any time?

My daughter will be living with my aunt. She will attend school in texas and my aunt is asking that i sign a notarized letter to give up legal rights decision making of my daughter along with social security card.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

You should certainly speak with an attorney before you proceed with this course of action. You want to ensure that you are not giving to your Aunt more rights or responsibilities for your child than you intend to in this situation. An attorney may be able to help you draft a document that... View More

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: How do I go about getting custody papers changed regarding claiming all the children as dependents on taxes?

The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 28, 2022

You may try the Collin County Bar Association. They may have a program that family law attorneys in that area use to provide pro bono representation in certain family law cases.

Absent a program as described above, most Family Law attorneys do not provide pro bono services.

Unless...
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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can I change last name of a baby if the mom and granparents say no?He has granparent last name?took dna n pay support
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 23, 2022

You want to change the last name of "a" baby? Is the baby yours??

If the baby is yours, you can file a petition for a change of last name for a child. If Mother disagrees, you would have to explain to the Judge your reasons for wanting the name change.

I hope this...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I’m a legal father of my child but now the biological father appears! My name is on the birth certificate. What I do?

I’m legal father of my child, my name is on the birth certificate I been taking care of her. I’m not legally married with her mom. Few days ago the biological father appears! What I should do ? He said he wants to claim her o put his last name on the birth certificate. What I not agree with... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 13, 2022

The biological father has rights to his child. He has the right to file a suit for paternity and if genetic testing concludes that he is the father, then he has superior rights to his child. The child's Mother has rights, so you may still be able to have some access to the child through the... View More

2 Answers | Asked in Family Law and Child Support for Texas on
Q: My other half (in va) got served with custody papers from his childrens mother who lives in Texas.

she had him served with c. support papers not custody and a TRO and now he cant speak to his daughters who he talks to nearly every day (one is 12 and the other is 6). Both children already get a check from ssdi and that amount will be going up since his oldest daughter ( from a previous... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 8, 2022

I am unclear as to why he was also served with a Temporary Restraining Order (TRO). There should've been an affidavit include with the paperwork for the restraining order that explains what the allegations are for the TRO. When in Ex Parte TRO is obtain, a hearing must be set no more than 14... View More

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1 Answer | Asked in Family Law for Texas on
Q: I have a daughter but never lived with her father and no court documents , can I move away from same city we live
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 8, 2022

The short answer is "yes", you can move away from the city you live if there are not any court orders. However, if the Father has a close and continuous relationship with his daughter (regardless if you ever lived with him), he could file a lawsuit against you and ask the court to either... View More

2 Answers | Asked in Family Law and Civil Rights for Texas on
Q: If the Plaintiff requested a jury by trial can the defendant request no jury?

My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 8, 2022

Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.

Your friend could file a motion to appear via video conference, but if the court denies...
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1 Answer | Asked in Family Law for Texas on
Q: I'm looking for representation for a family law case. As far as payment I'm looking for pro bono
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 7, 2022

If you are needing pro bono representation in a family law case, you should do an internet search for Legal Aid in your area.

The legal aid intake specialist will get information from you to determine if you qualify for services. If so, and if they are able to represent you, they will...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: My kids dad thinks I broke my morality clause and is refusing to let me have them the month of July. What can I do?

I haven't received a temp custody order or anything - Can I show up and get my kids since the paper works states that is what I'm supposed to do for the month of July. Can he keep them from me?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 1, 2022

It is better if you have a copy of the court order, signed by the Judge. The Law says that you have to exercise your visit in order to be denied visitation. So, if you are to pick the kids up at Dad's residence, you have to go there to pick them up (even if you know he's not gonna release... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: Serving texas subpoena on a GA based company by serving it's registered agent in texas.

I have an enforcement action against my Ex in Texas court. My ex lies to court that he earns just $40,000 per year but I know he gets over $150,000 per year.

I want to secure payment records via subpoena from his work place to prove to court.

My ex works at newell company in GA.... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 30, 2022

Are you serving a Motion for Enforcement? Or a subpoena? Those are two different documents

If you are serving a Motion for Enforcement and if your ex is an employee of the company in Georgia, you cannot serve a Motion for Enforcement for your ex, by serving the company that they work for or...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 27, 2022

If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.

You should read your current court order thoroughly because it is unclear from your post if there is a geographic...
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3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 28, 2022

If a police report you made was determined to be false, then the charges against the accused will be dismissed because the report was not truthful.

If you were subsequently charged with making a false police report, you will be prosecuted for the charge.

Under Section 37.08 of the...
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