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Questions Answered by John J. Pfister Jr.
1 Answer | Asked in Divorce for Texas on
Q: Wife wants a divorce, what do I need to do ?

Wife kicked me and my 8 year old out of the house . My son isn't her biological mother . I also have twins that are 9 month old . I need to find us an apartment but at the same time I need to support my 2 twins at home . She doesnt work and I'm the only one that works . I have heard that... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

How did she kick you out of your home? Only a court order can kick you out.

You are going to be ordered to pay child support for the twins assuming Mom has primary. Your child support will be reduced but not by much since you have a third child. If you are on the lease, the landlord can...
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1 Answer | Asked in Divorce for Texas on
Q: Hi !! I filed for divorce several months ago ! My husband is a very controlling, cruel man !! He & his lawyer received

Riule 194 Discovery first of November he had until TODAY to answer Needless to at he HAS not ! What will happen now !???! He thinks he’s so wealthy & powerful that this will all disappear ! I also NEVER sighted a prenup !

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

Failure to answer a 194 only limits what evidence he can present at trial. You need to serve other written discovery as well. When that isn't answered, then proceed with motion to compel. Best to retain an attorney to handle all this for you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If our daughter and son-in-law don't let us see our grandchildren because they were reported to CPS and I am blamed for

He has hit our 14 year old grandson twice. CPS made an appointment to go investigate but didn't question the kids alone and they are very afraid of both parents. Do we as grandparents have any rights to see them? He is on disability and has his own business and other property from which he... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

In order to force visitation over the parents objections, you are going to have to show that the biological parents are "unfit". Its a very difficult burden. If CPS were to remove the children because the parents do drugs, then CPS may place the child with you. Unfortunately, Texas... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can CPS take a newborn away from both parents without a court order.
John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

They can for a very brief time but must present a request for an ex parte order within I believe 72 hours. Only with your consent to a safety plan can they do so without a court order. So if you don't agree to removal, don't sign safety plan and force them to file suit.

2 Answers | Asked in Divorce for Texas on
Q: What happens to my kids if I want to get a divorce?
John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

The short answer - depends if you and your spouse can agree on orders for your child. If you agree - then almost anything is possible. Absent an agreement - then Court has to appoint a primary and set out a possession schedule for other parent - that most likely will be Standard Possession Order... Read more »

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3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

In Texas, if you and your current wife believed you to be single at the time of your second marriage, Texas courts will recognize your second marriage as valid since you are divorced from your first marriage - even if not technically at time you entered into your second marriage. I would just be... Read more »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

The Family violence is a factor but short answer - can he - possibly. However, even if family court grants visitation, bond conditions from criminal court may prevent access. He is likely going to have to the Court that granted the PO to modify the PO to allow access.

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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: my wife & I want to divorce. we have 2 boys 9 & 10 yrs. the wife have no Social security# she left USA 4 months ago.

we both agreed on the divorce terms , no properties , the children(who are U.S citizens ) will be in my custody and will live with me here in the USA , what is the easiest and fastest way to get the divorce (knowing that she is out of the country and can not re enter USA without a visa . what is... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

Don’t need a social security number to get a divorce. Just file for divorce and have your wife sign the waiver of citation and agreed decree of divorce. Then prove it up. He attendance is not required. Even if a hearing is scheduled for any reason most are done by zoom now. If she is willing... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Can my wife and I get divorced on our own terms?

We have agreed on payment plans other then child support

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 15, 2020

You can try and many courts will sign any agreed order. However some will review an order to see if support ordered and may question the parents to determine if child is being provided for. The only way to force a court to accept your agreement is with a mediated settlement agreement.

2 Answers | Asked in Divorce for Texas on
Q: Me and my husband have been separated for over two years. If I buy any property will he have any claim to it?

He owned a home when we got married. If we divorce can he try to claim part of what I buy after we separated?

John J. Pfister Jr.
John J. Pfister Jr. answered on Dec 14, 2020

If you are still married, any property you acquire is still community property and he would have an interest in it.

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