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Questions Answered by Hon. Richard W. B. Davis
1 Answer | Asked in Family Law for Texas on
Q: We were awarded PMC with parental rights of my wife's first cousin. Can she choose at age 15 to go back to her mother?

My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 8, 2020

She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: In Louisiana can a judge give you flat time for a first time felony with no parole and it was non violent
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 8, 2020

You should not post this on a forum that has only Texas lawyers responding.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I need to notify the Texas court that I moved me and my daughter to California even if I have sole custody?

I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 7, 2020

The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 6, 2020

The investigator has threatened to take the case to the District Attorney if you do not bring your son in. It is quite likely that if you do bring your son in for an interview, the investigator will still take the case to the DA, only your son will have made the DA's case a lot easier. The... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My nephew was at Crystal Beach, Tx riding along the beach at night and hit a guy.

My nephew couldn’t get stopped quick enough to keep from hitting him. The guy told him that he was ok and that he could go. Several days later his wife contacted him and said that she had taken a picture of the license plate and they would not get the law involved if he would give them his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 1, 2020

It is a crime to cause an accident and then fail and stop to give information (e.g. insurance info). It is also a crime to cause an accident that injures someone and then fail and stop and render aid. From your description, it does not appear that your nephew violated the law at the time of the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Should I keep my daughter quarantined for the recommended 14 days at my house?

Me and my daughters father have 50/50 custody. Week on week off. He waited till she was with me and around my family before telling me her babysitter tested positive for covid. He put me and my family at risk.

He is not willing to get tested and he is not willing to agree to keep my... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 1, 2020

As to whether you have a right to do so without seeking a Court Order, that would depend on what your Decree says. You could file an Application for Temporary Restraining Order and, among other things, ask the Judge to sign an Order allowing you to keep her in quarantine for the requisite period... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I think my ex-wife is lying about having a positive COVID19 test to keep my son from me . He has tested negative.

He was at my home before she received supposed positive test. She made sure to take him home before telling me that she was even tested and refuses to show me her results. Is there anything I can do?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

If you have a strong reason to believe that she tested positive, you can file an Application for Temporary Restraining Order and Temporary Injunction asking the Court to allow you to keep your soon until she tests negative. This is a technical procedure and would be very difficult to do without a... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Since police records are public, can anyone go to the police station and request one?

Since police record are public can anyone go to the police station and request one? For instance, if I wanted to get the police record of someone else, will I be able to without any problem?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

It depends. If an investigation is still going on, then the police can restrict the dissemination to just the first page of an offense report. If it is an investigation that is long since closed and the Court case is over, you should be able to get the full police report.

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1 Answer | Asked in Internet Law and Family Law for Texas on
Q: Fam member with no relationship w/us refuses to take down pics of our child on social media stating they have rights

Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 28, 2020

If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: How do I find out how to get indictment papers from Falls county Texas from 9/24/02 Thanks
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 27, 2020

Criminal Indictments are a matter of public record. You can obtain a copy from the District Clerk in the County where it was filed it you know either the name of the Defendant or the Cause Number.

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2 Answers | Asked in Criminal Law for Texas on
Q: Is there a such thing as a felony other and what is it?

Is there a such thing as a "felony other" charge and what is it? My friend said he has a charge of a felony other.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 25, 2020

The Texas Penal Code has no definition for a “felony other.” Possibly, your friend was charged with a State Jail felony (the lowest felony that exists under Texas state law), and the County where you friend is charged has adopted that term in its nomenclature to distinguish it from an... Read more »

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3 Answers | Asked in Probate and Estate Planning for Texas on
Q: My stepmother wants me to sign a paper to relinquish my rights to my father's estate.

My dad passed away a couple of years ago she contacted me yesterday to sign a paper to relinquish my rights to his estate. The will has not been probated I asked to see a copy of the will and a suicide note and she has not replied what are my rights and can I represent myself put a complaint in... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 25, 2020

Probate law can be complicated. You need to hire a lawyer given your circumstances.

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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: Could someone please let me know if in Texas a pregnant 16 yr old and 18 yr old can get married with parental concent?

They live with the 16yr old's parents.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 22, 2020

Yes, they can.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Saludos Hace 2 años que me mudé a los Estados unidos por razones de trabajo.

Tengo 2 hijos que residen en PR. La pension asignada por la corte mientras yo vivia ayá es de $ 1832.00 mensuales y solo me sobraba despues de impuestos y demas deducciones $ 250.00 bisemanales. Al mudarme a EEUU mi sueldo aumentó pero mis gastos Tambien. Ahora mismo esta pension consume casi el... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 22, 2020

Cualquier cambio en la cantidad de su child support tiene que ser pedido en la corte que establece sus pagos de su child support.

1 Answer | Asked in Family Law for Texas on
Q: I signed over rights while I was incarcerated 11 yrs ago. My children are asking to see me. What can I do?

My kids are 12 and 14 yrs old.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 20, 2020

Unfortunately, if you voluntarily relinquished your parental rights and a Court signed an Order terminating them, you have no legal right to compel the other parent to let you see them or to have visitation with them. Your only hope to be able to see them is by kind persuasion.

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: If a person decides at first to represent him or herself, can they later change their mind and hire a lawyer?

If a person decides at first to represent him or herself, can they later change their mind and hire a lawyer? How will the court view this type of shift?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 20, 2020

Yes, but if wait until right before a major hearing, a lawyer may not want to enter an appearance in your case unless the hearing is postponed so that the lawyer can become knowledgable about your case and be prepared. In that situation, the Judge may not continue the case because you waited so... Read more »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I had filed for a motion to transfer my case should I wait until I get approved to serve a copy to the petitioner

My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.

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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: What types of questions should I ask my lawyer?

Last year, almost to the day, I found out my husband and daughter were having a sexual relationship behind my back. I kicked him out, but upon telling a neighbor, the police was called, and subsequently, CPS. This was in Euless, Texas. I cooperated with authorities and CPS who displaced my children... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

I suggest these: How long have you been licensed? How many jury trials have you done? How many Bench trials have you done? Are you rated by Martindale- Hubbell? If so, what is your Martindale-Hubbell rating?

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1 Answer | Asked in Elder Law for Texas on
Q: Can a POA (her daughter)stop me from visiting my great grandmother,even though I visit her every weekend and I ask her

My great grandmother can not remember much,but I always ask if I can come over and spend the day with her and she says yes,from what iv researched even though her daughter is the POA,that doesn't give her power over visitation.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 16, 2020

If it is a standard Statutory Durable Power of Attorney that your great grandmother's daughter has, that would authorize her to deny visitation. Similarly, even is she has a Medical Power of Attorney, that is designed to allow her to make medical decisions on your great grandmother's... Read more »

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