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Questions Answered by Hon. Richard W. B. Davis
1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I get a notirized letter saying I paid x amount of money to my child's mother and turn into the child support
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 24, 2020

What you are inquiring about is called an Affidavit of Payment and they are commonly used to record child support payments made directly by an obligor to the recipient.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.

I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 24, 2020

The answer to your question is very fact specific and your question does not lend itself to a short, concise answer on a forum such as this one. I strongly recommend that you seek the advice of an experienced family law attorney, even if you only have enough money for an hour long consultation.

2 Answers | Asked in Criminal Law for Texas on
Q: With multiple charges, if some of the charges are dismissed, are bond conditions exclusive to those charges dropped?

In criminal cases, if a defendant is released on personal bond for multiple felony and misdemeanor charges, and if there are different bond conditions for the felonies versus the misdemeanors, what happens if the felonies get dismissed but the misdemeanors don't? Are the bond conditions which... Read more »

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

If charges are dismissed and then refiled, it is likely that a new order setting bond conditions will have to be entered. If some charges are dismissed and some are not, whether any bond conditions are still in effect will depend on the cause numbers associated with the bond conditions.

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: If my brother left his weapon at the house in a rush and resulting in my partner getting charged for it.

Will a affidavit help at all in court cause its my siblings but my parter is already a felon ..

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 12, 2020

It might. You would increase your likelihood of success if you got a criminal defense lawyer involved.

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1 Answer | Asked in Criminal Law for Texas on
Q: Deffered prosecution agreement question

If someone in Montana state signs a deffered prosecution agreement , but then travels down to Texas and gets a citation for drug paraphernalia and just pays the citation off does that violate Montana’s deffered ? Do these courts alert each other

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

It depends on the specific terms of the Order granted Deferred Adjudication in Montana as to whether the Texas Citation violates it. It is doubtful that the courts would alert each other.

2 Answers | Asked in Family Law and Child Support for Texas on
Q: My ex husband is $10,000 behind he recently bought a home. Can his home be a seized asset?

He’s is undocumented but is legally married to a us citizen. His name is on the deed for the house they got together. He makes $13 or $40 sometimes $100 payments when ever he wants. What can I do to get him to pay the $10,000?

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

No. His home is exempt from execution. His wages can be garnished for unpaid child support, however.

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2 Answers | Asked in Criminal Law for Texas on
Q: have old warrants want dismissed just got out of prison for 5 years.

Trying to get my license back

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 5, 2020

You will likely need a lawyer to prepare and file Motions to Recall Warrants. If you are in the Brazos Valley area, we can help.

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1 Answer | Asked in Family Law for Texas on
Q: How to get my name off of mortgage? Can I bring my ex back to court to get him to sell the house ?

Hello I just got a divorce and the decree stated that my ex gets the house and all it’s debts. My ex was supposed to relieve me from the house completely including mortgage. Is the quitclaim deed the same as giving house rights over ? Is there anyway that I can drag him back to court and have him... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

You may need to file a Motion to Enforce Decree of Divorce. This will likely require the services of a lawyer. I suggest that you find an experienced Family Law attorney in your area to evaluate this situation.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I terminate the noncustodial parent rights if he hasn't been actively in my child life nor will he help me with her.
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

If the non-custodial parent has failed to support the child in accordance with his ability for a period of one year, you may be able to terminate his parental rights.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mother is the executor of my dad's will and the sole beneficiary. She is also in prison for his death. what do do?

She's in prison for manslaughter and I have step siblings waiting to file wrongful death suit. How should probate be handled?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 4, 2020

You need to hire a probate lawyer.

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2 Answers | Asked in Adoption and Family Law for Texas on
Q: how can my husband adopt my 11and 12 year old?

there father hasnt been around since they were 2yrs old hasnt paid child support or given anything financial. was given the oppertunity to write the state that he was the father and agreed that the sate help mee and its been 10yrs

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Nov 3, 2020

In order for your husband to adopt, you would have to petition to terminate your children's father's parental rights. From what you described, you probably have the statutory bases to do so.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How can I go about getting grandparents rights to my 3 grandkids?

My son and his girlfriend are no longer together, however neither one is allowing me to have my grandkids for the night, even though my granddaughter (3) begs and cries to come with me. It’s very sad to have to turn and leave her crying like she does. I use to get her on Thursday’s and they’d... Read more »

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

You would have to consult with a lawyer on this one. The threshold question for the lawyer to answer would be whether you have standing to bring the lawsuit (that is, the right to bring the lawsuit asking for grandparental visitation) as permitted by the Texas Family Code. It is a fact specific... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: If I co-sign for my son's truck, other than being liable for payments am I liable for for accidents / damage in TX
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 27, 2020

If your son is 18 years older or older and you are only obligated on the debt secured by your son's truck, but are not a co-owner, it is very doubtful that you could ever be held responsible for any accidents caused by your son in it.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I have guardianship of my daughter friend for past 3years can I get child support from either parent that's working.
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 25, 2020

Probably so, but it would be difficult for you to do by yourself with the help of an experienced Family Law attorney.

1 Answer | Asked in Criminal Law for Texas on
Q: I got pulled over in waskom tx and the reason of police pulling me over was because I was black and I wasn't doing nothi

He said I was getting on the interstate heading towards Louisiana and he said he clocked me driving 91 getting on the interstate I told the officer that is crazy cause my vehicle don't even go over 80 mph because of this program in my car wont let me drive over 80mph so I was already... Read more »

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

A person can be charged with possession of a controlled substance like methamphetamine even if the quantity is not usable. I suggest that you contact a criminal defense attorney that serves Harrison County, Texas.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Being pregnant and French citizen, I want to deliver in France with my family. Do I need the authorization of the dad?

Hi! I am pregnant with a guy here and we broke up about a month ago. I left our common apartment to stay with my sister because he was neglecting me at home. I’ve been at my sister’s for 2 weeks and he didn’t ask for the baby even less for me. I’ve been thinking and I want to go back to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 21, 2020

As long as you have a valid passport, have no outstanding warrants for any crime you may have committed, and France would not prevent you from flying in because of the Coronavirus, then there is no legal way that your baby's father can keep you here.

2 Answers | Asked in Criminal Law for Texas on
Q: If I wrote a check for deposit on car and it comes back can they have me arrested and take my car back?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 21, 2020

If by "comes back" you mean that the check was returned for insufficient funds, yes, you could be arrested for Theft by Check.

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1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: Im looking for more information on common law marriage

I’m looking at if me and my spouse qualify for common law marriage and what steps do we need to take to become a common law marriage. We have been living together for 2 years. I do live in Houston, Texas

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

In Texas, in order for a common law marriage to exist for a couple, there are three requirements: 1) both parties agree to be married, 2) the two hold themselves out to the public as married, and 3) they must live together (for any amount of time). Some people prefer to document a common law... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What are chances my son go to jail for keeping daughter from mom for protection reasons: suicide attempt, drug abuse ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 14, 2020

It depends on the facts and how the Judge views them. If the Judge believes that him doing so was necessary to protect the girl, your son should be fine. The best approach, however, is for your son to take the initiative, hire an attorney and file an Application for Temporary Restraining Ordre... Read more »

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Soo I have a bf owes child support and a lot of it. We are planning on getting married. Will his child support affect me

So if we get married and when it comes time to do my taxes will that affect me as well. Because I always file separately

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 13, 2020

If you commingle your money into one account, that account might be garnished for payment towards an arrearage. You might be better often keeping separate accounts or even entering a prenuptial agreement.

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