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Questions Answered by Michael Glynn Busby Jr
1 Answer | Asked in Divorce for Texas on
Q: My husband and I are getting a divorce he wants to stay in the house. We had it appraised at $240,000. $83,000 is owed
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 30, 2020

That is a statement, not a question. If you have a house, then one can buy someone out of the house, sell the house, or give straight over. Also, if you have other assets other than the house, you should put it all in the pot, spreadsheet for the division of the property.

1 Answer | Asked in Divorce for Texas on
Q: Is Texas a state where spousal support is ordered? Married 40 years, separated 5. Adultery & abandonment involved.

I am disabled & get a SS check & have not worked for 22 years. He gets retirement & partial SS & military disability.

We separated about 5 years ago, he left with no warning but said he wouldn't divorce me, because he said I needed his medical insurance which he gets... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Net resources for spousal support does not includes disability nor social security, but a retirement payment would be a resource he could pay you from. Time to see a lawyer

1 Answer | Asked in Divorce for Texas on
Q: I need someone to help I’m trying to get a fast divorce because my ex won’t leave me alone or my house

They Said by law because where married still there nothing they can do

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

If there has been family violence then you maybe able to file a protective order and get a kick out order, otherwise you file for divorce, ask for temporary orders, set for hearing, and then ask for exclusive use and possession of the residence pending a final trial.

1 Answer | Asked in Divorce for Texas on
Q: Will i be entitled to retirement benefits?

I have been married for 6 years and been together for 20 years. My husband retired in May of 2019. I am seeking to file for a divorce at this time.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas regonzies a common law marriage. You may look for evidence that is older than six years to show an earlier date of marriage, but based on your questions, looks that since the date of the marriage you have six years of community property subject to division.

1 Answer | Asked in Family Law for Texas on
Q: Hello, I have a standard visitation order with my ex husband for our 2 children. The school is out till April 13.

Do I follow the school term Thursday at 6.00 p.m. to Monday at 6.00 p.m. rule or the other one since the school is technically in term but not on for another month and possibly for the rest of the school year in May? My ex is saying he gets to pick them up Thursday at 6.00 and drop them off Monday... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas Supreme Court has stated to follow orders in place as if school were in session. https://www.txcourts.gov/media/1446251/209050.pdf. Thus you can do as you like by agreement and in absence of an agreement, follow the court order.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I want to get a divorce from my wife because she had 2 kids outside of our marriage. Can she take our house
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

She can always ask for the community property interest in that house. It is up to the judge based on your facts as to what share of the community either spouse should take. If she is with other men, and not paying towards the house, and you are living in that house making mortgage payments, very... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Court ordered to take child to NY for father access. Corona virus concern, will a judge waive the order?
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

https://www.txcourts.gov/media/1446251/209050.pdf Texas Supreme Court has stated to follow current orders in place. If there is an order that allows the child to go to New York, best to file an emergency motion to modify that order and attempt to get a video conference hearing.

1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: Can I get out?

I’m 17 and live in Texas I need to leave my house because of constant mental abuse, control, and threats of physical violence when ever my Legal guardian drinks or does not get her way. I don’t know the extant of her parental rights as my mother is dead and my father has been in and out of... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

I would suggest to join military service or get married. But in Texas, you need to file a suit to emancipate yourself to be an adult.

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: If I get a job can we have joint Custody of our kids and an easy divorce? We was gonna divorce last year and didn’t

Cause we was trying to make it work but he is real hateful to my mother and if he gets angry he talks to me like crap in front of the kids

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Employment can solve many problems, it may be make your divorce easier.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can someone please explain this wording for a morality clause? See more info

Unless married, each parent's romantic relationships are to be kept discrete with respect to the children at all times.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Do not kiss and tell, is what I am reading.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I deny my son's father from taking him for his weekend due to covid-19 and the fear of him not returning him on tim

I live in Justin Texas my son is 13 I have had primary custody of him since he was 3. My sons school shut down on March 27th because of covid-19 they may be shut down longer than that. Ever since my ex husband heard about this he has been trying to get me to give him extra time of mine, of course I... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Texas Supreme Court has issued an order that with schools out, and the Pandemic you should still follow your order such that school was in session. https://www.txcourts.gov/media/1446251/209050.pdf

1 Answer | Asked in Family Law and Animal / Dog Law for Texas on
Q: My boyfriend and I are splitting, how can I keep my dogs ? Texas law

We are splitting after living 6 years together, He wants to keep one of the two dogs that we have, I want to keep both dogs, What are the legal ways that I can keep them?, he payed for the dogs and the vets bills, their chip and vets paperwork are on my name. I educated them, I take care of them, I... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Pets in Texas are treated as property. You have to be married to divide property. You maybe able to find a civil attorney that will file a case in a Justice of the Peace court and you can see what happens. I would says that the judge would likely dismiss and state you cannot get relief. A... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Can a non custodian parent take kids away from primary parent if that parents fiance has a family violence
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

You should file an emergency motion to modify that current order. But it is a hard thing to tell one parent not to take a child from an abusing parent. Each case if fact specific. If you have hard evidence, then do what you need do to do. If you take the child and do not seek modification, and... Read more »

1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: What are the consequences of a 16 year old girl running away to her biological mother who doesn’t have custody??
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

You can get a certificated copy of your order and call the police and make a report. The could bring charges, but many times in Texas will not. You can take a copy of the order to the other parents house, call the police and demand turnover. If the child looks like she is over 18 and speaks... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Im looking for a family law lawyer to help me with my childsupport issues. Im low on funds due to childsupport.

im having a hard time finding a lawyer that is willing to help me.i only make $200 biweekly do to childsupport they are taking more than a third of my check for one child

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Max child support is at 50% of your check. You may want to try to some law schools in your area, many times they have pro bono law students, but then if you get a stimulus check in the coming weeks you would use that money to lawyer up. I would suggest to get some free consultations and have a... Read more »

1 Answer | Asked in Divorce for Texas on
Q: How do I go about getting a copy of the final court order for a paternity test that was done in 2011?
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

The county is which the order cam from should be able to give you a copy of the order for a fee. If you are not sure the county, then you would need to do a search for a court of continuing jurisdiction. Goggle " Inquiry On

Court Of Continuing Jurisdiction For A Child " and the...
Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My father has custody of my kids....

I work an extra job and pay 1 or 2 extra payments a month. One graduated the other is about to. He sued me and i owed 26000. I have paid well over 13000 and have receipts for payments before he sued me for around 8 grand. Will the state accept those with his signature and child support on them? He... Read more »

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

If the child support order is from Texas, there was a case a couple years ago that confirmed you should get credit for indirect payments. Thus, it would be wise to hire a lawyer who works child support collections. You will need a payment plan as it is extremely unlikely you would get any type... Read more »

2 Answers | Asked in Child Custody and Divorce for Texas on
Q: My wife will not let me see my daughter without her being there. We are not divorced yet. What do I do

My wife left with my daughter last September. We are not divorced yet but she says I can not see her without being supervised. Also every time she wants to set up a visit it is concierge for her only or if she is wanting something.

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

Depending on your cirucmumstnacs, the age of your child, and evidence to show you should not have a standard possession order, your wife may or may not restrict your access to your child. Given the panic from the Pandemic, best to lawyer up and get a hearing as the courts are going to be pretty... Read more »

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2 Answers | Asked in Family Law for Texas on
Q: Hey I’m 13 and I live in Texas my dad threatened to punch me in the throat for wearing clothes that fit me is that lega
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 29, 2020

A parent has the right to reasonable discipline of their child in Texas. "Punch in the face" with a child that steals cars, or maybe sells drugs, could work, with clothes, I would take away your cell phone and do not pay it, would be better.

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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: just turned eighteen and ive been wanting to move out of my parent house from the get-go. what should i be aware of?

what are some crucial details that could potentially hinder my chances at getting out of the household?

Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 25, 2020

In Texas you are emancipated at 18. Your parents can no longer force you to stay such that a judge or the police would require compliance with your parents decisions, but they can cancel your health and/or dental insurance, not advise you on life in general. Perhaps you should go looking for an... Read more »

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