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Questions Answered by Rick Davis
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... View 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... View 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/

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My granddaughter lived with me from age 1 month to almost 5. Her parents now have 50/50 custody. She is now 8 and hates.

Being with her mother and wants to live with me . Would this be possible thru court we are in texas

Rick  Davis
Rick Davis
answered on Jan 18, 2021

In order for you to sue for custody you would have to have what is called standing.

It is likely that too much time has passed in order for you to have standing. Texas Family Code Section 102.003 (the standing statute) provides, in relevant part:

(a) An original suit may be filed...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Grandmother died, we didn't receive our Mother's part, what can we do?
Rick  Davis
Rick Davis
answered on Jan 17, 2021

You need to consult with an experienced Probate and Estate planning lawyer.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can a parent remove a child from school and then not enroll them in another in Texas?

parents separated no court orders

Rick  Davis
Rick Davis
answered on Jan 17, 2021

Friend, there is no other Texas. Texas as one of a kind. If you meant to ask if the other parent can remove a child from school and then enroll the child in another District and there are no Court orders at all, then either parent has the right to do that. If your child's other parent did... View More

2 Answers | Asked in Domestic Violence for Texas on
Q: What steps should I take to ensure the best possible outcome with my boyfriend's domestic violence case(s)

My boyfriend/domestic partner has been arrested twice for domestic asualt on me and charged with a F3 both times. I didn't press charges the first time, and the second time when asked I said yes but I never filled out a statement. If I never did that part, or got in touch with any law... View More

Rick  Davis
Rick Davis
answered on Jan 17, 2021

If you believe that there is hope for the relationship and that you will not be in danger, I suggest contacting the victim's assistance coordinator at the District Attorney's office and tell that person that you are more concerned about your boyfriend getting therapy/rehab than seeing him punished.

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2 Answers | Asked in Family Law for Texas on
Q: My ex gf is pregnant, it could be mine, how do I proceed with a paternity test, what are my rights and responsibilities

My ex girlfriend approached me in early December saying she is pregnant. There is a chance that it could be mine and she says it is, but I would really like to be certain before taking further actions. What steps need to be taken on my end for a paternity test? I have a feeling she will not want to... View More

Rick  Davis
Rick Davis
answered on Jan 14, 2021

You could hire a lawyer and file a Petition to Adjudicate Paternity. In such a proceeding, you could the Judge to order a paternity test and get an Order requiring it.

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2 Answers | Asked in Estate Planning for Texas on
Q: In Texas can I get my deceased dads stuff away from my incarcerated brothers girlfriend. No will.
Rick  Davis
Rick Davis
answered on Jan 11, 2021

Yes, but you would likely have to file an Application for Independent Administrator to get legal authority to do so.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: If a minor's last name was changed in Georgia, but the father was living out of state and was never notified?

If a minor's last name was changed in Georgia, but the father was living in Texas and was never notified, is there anything the father can do to reverse it? The father's address was known and he continuously paid child support but he never received notification or gave his written consent.

Rick  Davis
Rick Davis
answered on Jan 11, 2021

The answer to your question depends on Georgia law and the Georgia rules of procedure. Had this happened in Texas, the father could theoretically file a Motion for New Trial if he did so within 30 days of the date of the Judgment. If he learned about it after 30 days, he could theoretically file... View More

1 Answer | Asked in Personal Injury for Texas on
Q: Can my attorney charge me 66.66% attorneys fees and a secondary attorney charging me 33.33% on my personal injury case
Rick  Davis
Rick Davis
answered on Jan 8, 2021

That seems like overreaching. From the percentages you list, you would essentially receive nothing from your own personal injury case.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: What can I do when a judge coerces me out of my fifth amendment right, mocks me for contacting local Rep in congress?

I was belittled and coerced in a court of law by a judge and the opposing parties lawyer. The judge told me even though I was denied a continuance I requested due to inadequate representation of counsel, that if I plead the fifth that she will pursue me as guilty and if I don't answer the... View More

Rick  Davis
Rick Davis
answered on Jan 7, 2021

You may try contacting the State Commission on Judicial Conduct. http://www.scjc.texas.gov/

3 Answers | Asked in Criminal Law for Texas on
Q: Letter from attorney saying i have a fine. Looked up the fine and its arrest warrant for theft in 2016 that I didn't do

The warrant is for theft under $100 from 2016. I have never stolen anything. The lady at the courthouse said the ticket was mailed to my old address. I never changed the address on my DL because I thought I was supposed to wait until my license expired to change the address. She also said someone... View More

Rick  Davis
Rick Davis
answered on Dec 30, 2020

It sounds like the Court may have considered you as having Failed to Appear. If that is the case, there is probably a warrant out for your arrest. You really should hire a lawyer to defend yourself.

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3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... View More

Rick  Davis
Rick Davis
answered on Dec 29, 2020

Your question does not lend itself to an easy answer. Are you presently residing in Texas? In Texas, a Judge may pronounce a divorce as being granted on a certain date but not sign the Decree until several days or weeks later. The answer to your question may turn, in part, on whether a divorce... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Am I legally responsible for a person being released with an ankle monitor wanting to live with me?

He is a convicted felon on several drug charges for possession and selling

Rick  Davis
Rick Davis
answered on Dec 21, 2020

No, not unless a Court order establishing the person's conditions of release names you personally as having some obligation to do something. That proposition is highly unlikely.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My child was under age 3 upon our divorce and we agreed to a custom visitation schedule in our decree. Now she is 5.

Can we automatically switch to the SPO (without going to court)? Can I demand this change without legal representation? Also, he has been in behavioral health facilities multiple times since her birth for documented bi polar diagnosis and drug/alcohol addiction. Can I restrict extended... View More

Rick  Davis
Rick Davis
answered on Dec 11, 2020

The answer to your question will depend on the facts of your relationship with your ex and with your child. As a general rules, however, the Standard Possession Order is presumed to be in the child's best interest after the child turns 3 years old.

2 Answers | Asked in Criminal Law for Texas on
Q: I am a teen, looking to become a lawyer, I need a mentor, and maybe someone to take me in and help me to reach my goal.

I am not saying this as a joke, I would really appreciate who is willing to help me, I'm shy and I want that to go away, getting under a wing of a real lawyer would really help me. I will not bother, on the other hand, I will try to help the most as possible. As well I'm looking to be in... View More

Rick  Davis
Rick Davis
answered on Dec 3, 2020

Where are you located?

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I filed a SAPCR case in March 2019. There’s been no movement is there anything I can do?

I filed to have my daughters last name changed and to get full custody. Since filing it has now been over a year since we’ve had any contact from her biological dad. We are at the point where an attorney ad litem has been appointed and paid but it’s been 6 months and she refuses to file the... View More

Rick  Davis
Rick Davis
answered on Dec 1, 2020

If you are represented by an attorney, ask him or her what could be done to move the case. If you are pro se, you will likely need to hire an attorney to advance the case for you.

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2 Answers | Asked in Criminal Law for Texas on
Q: 14 year old living in my home for 2M. Min contact with biomom. Can biomom force her to come home if she doesn’t want to

14YO has expressed she doesn’t want to go back to her mom. Mom and 2 brothers are in a 1BR RV. 14YO has been here for over 2 months. Not sure what to do.

Rick  Davis
Rick Davis
answered on Nov 30, 2020

Texas Penal Code Section 25.06, defines harboring a runaway child as knowingly concealing or sheltering a minor and showing indifference to their status.

That means you didn’t act in a reasonable way to find out if the kid:

Was under 18 years of age; and

Had escaped the...
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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
Rick  Davis
Rick 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.

2 Answers | 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... View More

Rick  Davis
Rick 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.

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