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Questions Answered by Rick Davis
2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Rick  Davis
Rick Davis answered on Feb 24, 2021

The answer to your question depends on what your most recent Court Order says.

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1 Answer | Asked in Criminal Law for Texas on
Q: Is theft of services for the electric company for 900$ a felony or a misdemeanor
Rick  Davis
Rick Davis answered on Feb 22, 2021

In Texas, based on the value of the services that you listed, it would be a Class A misdemeanor.

3 Answers | Asked in Criminal Law for Texas on
Q: How much time am I facing if I violate a protective order? And what can I get probation?
Rick  Davis
Rick Davis answered on Feb 21, 2021

Generally speaking, in Texas Violation of a Protective Order is a Class A misdemeanor punishable by up to a year in the County Jail, a $4000 fine or both.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How easy is it for a woman to get non-parental custody or legal guardianship of a child?

I have been in a substitute parent role for the past two years. I met this guy two years ago and we became very serious, he had a 1 year old son at the time I met him and met the boy 2 weeks later. Since then the child’s mom has barely been in his life and since June of 2020 she lost her rights... Read more »

Rick  Davis
Rick Davis answered on Feb 18, 2021

You may have the right to Petition a Court for Court ordered access. You will need to consult with an experienced family law attorney to be sure.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Is a weed container narcotic paraphernalia?
Rick  Davis
Rick Davis answered on Feb 18, 2021

Yes

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1 Answer | Asked in Criminal Law for Texas on
Q: What does State's Notice Intent Intro Ex Offense mean in Texas court?

In Gregg County felony court?

Rick  Davis
Rick Davis answered on Feb 9, 2021

It means that in the trial of your case which you are facing in Court, the prosecutors intend to use other past convictions or instances of bad conduct either in the punishment phase of your trial (if you are convicted) or in the guilt/innocence phase of your trial to show intent, motive,... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is out of school on feb 22-23 my weekend papers say if holiday falls on a Monday she goes back on Monday, out till tues.

Does that mean she goes back on Monday or Tuesday?

Rick  Davis
Rick Davis answered on Feb 9, 2021

It is not possible to answer your question definitively without looking at the precise language of your Decree.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Rick  Davis
Rick Davis answered on Feb 7, 2021

Your son needs to hire an experienced Family Law attorney to file a Suit Affecting Parent-Child Relationship.

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: I am wanting my step-dad to adopt me and wondering if it effects back child support?

I am currently 25 years and my real father hasn't paid any child support.

Rick  Davis
Rick Davis answered on Feb 3, 2021

If you want to be adopted by your stepfather, your natural father will have to have his parental rights terminated either by a Voluntary Affidavit of Relinquishment or involuntarily through a Petition to Terminate parental rights. Your natural father's child support arrearages will still be... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on 4/20/2020 for possession of controlled substance. Wasn't indicted till January 7 2021.

I was wondering what the statue of limitations is for filing an indictment. Also I have been requesting an attorney, court appointed, since I was arrested , and they have refused saying that I can't get a lawyer until my case is filed. I got a call on January 30 saying I have court on the... Read more »

Rick  Davis
Rick Davis answered on Feb 3, 2021

The statute of limitations will depend on the offense charged. Look in Chapter 12 of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm

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1 Answer | Asked in Criminal Law for Texas on
Q: I have a court transcript and I never testified to what it says

My name is on another person's testimony and hers is on mine. Can conviction be overturned based on that? They lied all the way through the trial.

Rick  Davis
Rick Davis answered on Jan 30, 2021

You would have to have the transcripts evaluated by an Attorney with experience in Post-Conviction Applications for Writ of Habeas Corpus to get an accurate answer to your question.

1 Answer | Asked in Divorce, Estate Planning and Probate for Texas on
Q: Is there a way to fight a husband that hasn't been seen in 20+yrs from getting his Legally married deceased wifes money

My mother in law has worked for 25+ years and has raised their 4 children by herself. The father walked out and hasn't been seen since they were kids. Never paid child support. She was killed and her retirement goes to the father cause they were still legally married. She tried to divorce... Read more »

Rick  Davis
Rick Davis answered on Jan 29, 2021

A question like this cannot be answered on a forum like this because it is so fact specific. You need to consult with an experienced Probate lawyer.

1 Answer | Asked in Family Law for Texas on
Q: Can someone holding a power of attorney over someone prevent them from seeing other family members or friends?

We were caring for dear friend, age 90, then someone who is not related to him, made him sign a power of attorney, took him from our house and cut communication with every one. Can they do that?

Rick  Davis
Rick Davis answered on Jan 28, 2021

I suggest that you call either the Police or Adult Protective Services for possible elder abuse.

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Texas on
Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... Read more »

Rick  Davis
Rick Davis answered on Jan 28, 2021

You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

2 Answers | Asked in Criminal Law for Texas on
Q: Can a charge still be enhanced to a felony for a prior if the prior was set aside
Rick  Davis
Rick Davis answered on Jan 26, 2021

If by "set aside" you mean that there was no conviction, then the answer is No.

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2 Answers | Asked in Consumer Law, Copyright, Criminal Law and Divorce for Texas on
Q: Does Stephanie have an Attorney on record in regards to her son Tyler?
Rick  Davis
Rick Davis answered on Jan 26, 2021

It appears that you are asking a question about a specific case that is on file. You need to direct the question to one of the attorneys in the case.

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Texas on
Q: Is it a crime if my 17 years old child takes a dog from my house without permission and refuses to bring the dog back?

Hi, I am divorced mother. My ex and I share custody of our 17 years old daughter. After visit to my house she took my dog out of my house and refuses to bring the dog back. Is it considered a crime? How can I get my dog back?

Rick  Davis
Rick Davis answered on Jan 24, 2021

Were you awarded the dog in the divorce? Did you get the dog after the divorce? Have you tried calling the police?

There is not enough information in your question to definitively answer it.

2 Answers | Asked in Criminal Law for Texas on
Q: I am currently on probation and my probation officer filed a motion to revoke. I now have a warrant out.

I have a warrant out for a motion to revoke that is pending. It says that I have a bond but it also says

Warrant Status: Other Active. What does this mean? I don't want to get there and not be prepared. I already have a bond set for the bond amount but I want to make sure I... Read more »

Rick  Davis
Rick Davis answered on Jan 22, 2021

You will likely be arrested when you show up to your next probation meeting if you are not arrested before then. If you hire an attorney before getting arrested, he or she may be able to get your bond reduced beforehand and arrange a surrender so that it does not cost you as much to bond out.... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Hello. My question is... what if you have a misdemeanor on your record and want to get into Law school?

I was harassed by a man at a restaurant and the public called police to help. As I was leaving to get away from him I was walking away on the sidewalk when a police officer came from behind me and grabbed me. I didn't know it was an officer and back kicked him. I was arrested and let go on a... Read more »

Rick  Davis
Rick Davis answered on Jan 21, 2021

I would need to know what happened to your case after you were arrested. If it was dismissed or refused, you could get the arrest record expunged.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I remove a child support order, if I've had physical custody of my kids for 10 years and their mom is gone?

I am a father of 2 & my ex filed child support then she dropped them off on me & never came back to get them. I've had them since they were 2 yrs old. It's not fair to pay her child support when I raise them. How do I get rid of the child support order? I have had them over a... Read more »

Rick  Davis
Rick Davis answered on Jan 20, 2021

You will need to file a Motion to Modify in the Court that issued the child support Order in the first place to vacate the Order requiring you to pay child support. From what you describe, you may be able to terminated the abandoning mother's parental rights.

https://www.attorneyrickdavis.com/

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