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Questions Answered by Elaine Brown
4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Elaine Brown
Elaine Brown answered on Jan 18, 2020

If your husband is still residing in Dallas you may be able to use his residence but generally there is a requirement that one or both parties need to reside in the county in which they file. If you are pregnant and it is your husband’s child, you will need to wait until the baby is born to... Read more »

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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

4 Answers | Asked in Child Custody and Family Law for Texas on
Q: Custody hearing in Texas

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)

Elaine Brown
Elaine Brown answered on Oct 27, 2019

In a contested custody case, the testimony is usually recorded and can be transcribed into a written record of the proceedings. You should contact the Court to determine if a record exists and to get a copy of that record.

You will have to pay for the transcript.

The s answer is...
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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: I had a geo restriction put on her but she moved 200 miles away and said nothing but keeps her old address what do I do

October of 2018 was when I took her to court and not a year later she’s been doing this for 6 months now what do I need to do to prove she is lying and it’s making it had because she misses a lot of or meetings. My daughter is almost 2 now and I can’t see her alone nor nor for 2 hours

Elaine Brown
Elaine Brown answered on Oct 18, 2019

I would go over your order perhaps with your original attorney and make sure that the mother is abiding by its terms or identify where she is not in compliance. . If you find she is not in compliance you can discuss the possibility of a motion to enforce the order.

This is for...
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2 Answers | Asked in Family Law for Texas on
Q: Need legal advise for family law pertaining to alimony and spousal maintenance
Elaine Brown
Elaine Brown answered on Sep 4, 2019

Texas allows for spousal maintenance in limited circumstances. The spouses must have been married for at least ten years and the spouse requesting maintenance must prove they cannot earn enough to meet their reasonable minimum needs, or the spouse requesting maintenance must have an... Read more »

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2 Answers | Asked in Estate Planning for Texas on
Q: do I need a lawyer for POA or Guardianship in Texas?

My mother need it for my father who is incapacitated. They do not have joint bank accounts, own a home together. Different incomes are affected. My father is in critical condition.

Elaine Brown
Elaine Brown answered on Jun 30, 2019

It is advisable to have an attorney help you with a guardianship. A power of attorney is possible only if a party is legally competent to grant one. I suggest you seek the advice of an attorney to determine the best course of action and to help you with the paperwork.

This answer is for...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Terminating Parental Rights.

My sister has two children aged 5 and 3. My wife and I are wanting to take the 3 of them to Europe with us this Christmas, problem is finding the "father" to get the kids passports. The attorney general cannot find him to collect child support either. He hasn't seen or contacted the... Read more »

Elaine Brown
Elaine Brown answered on Jun 23, 2019

It is difficult to terminate parental rights without abuse grounds or a voluntary termination by the parent. It may be done but it is often an expensive process. I would suggest talking with your sister to see how she feels about a termination action. The next step would be to find a family law... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: My ex wants to back out on our mutual agreed change to standard visitation for this weekend. Can she on short notice?tx
Elaine Brown
Elaine Brown answered on May 17, 2019

Generally, when parents agree to visitation outside of the Court ordered visitation schedule, they can back out of the agreement without consequences from the Court. This can be frustrating to the other parent. However, it is difficult to enforce any schedules outside of those ordered by the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I move my son to another state without the father’s consent?

We currently live in the same house but I will be filing a eviction to have him removed because he refuses to leave on his own. I am the custodial parent and he is non custodial parent. We do not have any custody orders at this time and I have a lot more support and opportunities in California for... Read more »

Elaine Brown
Elaine Brown answered on Apr 15, 2019

The answer depends on whether you have any orders relating to custody of your son. Generally, parents that are not divorced or do not have a Court ordered custody arrangement, have equal rights with regard to the children. This means that they can take control and possession of the children and... Read more »

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