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Questions Answered by Penny Wymyczak-White
2 Answers | Asked in Criminal Law for Texas on
Q: I was indicted on a lesser charge than originally arrested for without ever stepping in a court room yet

Is that a possible grounds for dismissal?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Feb 17, 2023

No. It is not grounds for dismissal. Retain a lawyer to assist you in resolving your case. You may of been overcharged originally

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I don’t want my son seeing his dads mom due to past abuse, can that be court ordered?

When my son was 2 his dads mom abused him, contact was cut - no cops called & dad agreed. 5 years later noncustodial parent (dad) is brought him back around her. I have a custody order in place, I am primary. His ex wife filed for divorce for full custody due to his inability to care for their... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 1, 2023

You would have to retain a lawyer and file a Motion to modify to get an injunction to keep ex mother in away from your son,

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I be charged with possession of a controlled substance if it was in the trunk of someone else’s car in a iPhone box

My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 31, 2022

They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession , you can be charged but you can fight the case if you are not guilty. You did not say why police searched... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Texas on
Q: Can cps threaten my wife not to talk to me and keep my kids away from me?

I'm being accused of assault against my teen stepdaughter. cps has gotten involved and has threatened my ex and my wife about not letting me see or speak to my kids. My ex and I have gotten a judge to approve me having contact with and seeing my teenage son. But my wife wasn't aware of... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 31, 2022

Sexual abuse is a very serious allegation. Cps will place your kids in foster care if you wife does not comply. Retain a lawyer to refute the false allegations. You may want to take a private pologragh

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Homeschool in Texas.

Can a non custodial parent be charged with truancy for not completing curriculum or dropping them off at the custodial parent’s house during school hours to complete work during a weekly visitation?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 31, 2022

I would assume the primary parent would be charged with truancy, You could file a Motion to Modify and get custody so your child could get an education,

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1 Answer | Asked in Criminal Law for Texas on
Q: I am on intervention deferred justification probation in Harris county Texas. What would happen if I missed a visit

Due to medical problems .

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 11, 2022

Get a note from the doctor and notify the person you were supposed to visit asap. You should of called them ahead of time before you even missed the appointment

2 Answers | Asked in Child Custody for Texas on
Q: Can I file a motion to continue to find legal counsel?

IF I'm in a custody case and the other part filled an attorney on record the Friday before court on Monday at 4pm. Can I file a motion to continue to find legal counsel? We were both self represented.

I got temporary orders granting me but he gets one weekend a month but he hasn't... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 11, 2022

You need to file a Continuance asap. You may want to find a lawyer and have them file the continuance, Also if other party agrees that also would be helpful,

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2 Answers | Asked in Divorce for Texas on
Q: What are the pros and cons of being added to our mortgage?

Not currently on it and we’re in divorce talks

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 27, 2022

If you are getting divorce unless you are being awarded the house do not get added to the mortgage . You will be laible for the debt and have a hard time getting another house id your spouse is awarded this house.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a joint managing conservator?

I don’t want to lose my song because of something that happened that was out of my control. I had PPD after my son was born and became suicidal. But that’s not happening anymore.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 25, 2022

Both parents have rights and duties, Both parents have periods of possession. The Childs parent but th eother parent primary residence may be with one gets every thursday over night during school year and 1st3rd and 5th weekends from thursday to monday morning, 30 days in summer and every other... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If someone filed a affidavit of heirship claiming my father had no heirs what is the statue of limitations on correcting
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 21, 2022

A ad litem should of been appointed to check for all heirs. If the case has not gone to court yet retain a lawyer asap. If it has gone to court and the affidavit states no heirs the property should of not been awarded to anyone,

2 Answers | Asked in Family Law for Texas on
Q: Visitation modification

I'm currently the "Non Custodial Parent", looking to relocate to Kentucky due to lower cost of living (Barely breaking even in Dallas). What modifications might i need to visitation and what is a typical out come to expect? Would it be possible to get over summer visitations,... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 7, 2022

You get over 100-mile visitation, If it is not part of your court order you need to file a Motion to Modify, Part of it si 42 days in summer every Spring break , One weekend a month and holidays remain the same, ,

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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Mother passed away in 2021 in Texas, she had no physical property, just life insurance of $110,000, how do I file this?

3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.

Beneficiary passed away June of 2021, she passed Sept of 2021.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Oct 30, 2022

The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate

2 Answers | Asked in Criminal Law for Texas on
Q: Does Texas have pretrial diversion in a felony case ?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2023

Yes. but not all counties have PTI.

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1 Answer | Asked in Child Custody for Texas on
Q: Child custody

I need to get full custody of my son his dad is an alcoholic and has a felony for family assault and a dui and has been to rehab (forced) for alcohol and drugs I have texts supporting my son feeling unsafe while over there if I bring this up in court what if he says my bf smokes will they think... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 6, 2023

Retain a lawyer your bf can take a drug test prior to the court date.

2 Answers | Asked in Criminal Law for Texas on
Q: Can an inmate get released if they have covid
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 5, 2023

No. They will not be released

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2 Answers | Asked in Probate for Texas on
Q: When you fire a probate lawyer. Do you have to pay her after that?

My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 2, 2023

You need to pay her for the work she completed

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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Am I required to keep all of my children during visitation if I don’t have the means to?

I am unable to afford a space for all 4 children to sleep comfortably. I am asking for 2 children at a time, but my ex is adamant that I must take all 4 or none at all, in which case she is stating that I am forfeiting my time with them. The standard possession order does not specify that I am... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 28, 2023

Buy sleeping bags or put blankets on the floor. You don't need beds.

2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 27, 2023

If you have a lawyer you should be asking your lawyer who knows all the facts. A year is a long time. If no lawyer you will need to request the judge to place the child with you.

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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: Is there anyway to get a 30 year old DWI felony expunged?

I want to get my rights to carry a gun back. Is there anyway to do that with these felony DWI’s that are 30 years old?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 21, 2023

No you cannot expunge convictions ..

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Would it be illegal for a minor to stay in the US without a guardian for 2 weeks if the guardian is travelling

Parents are divorced and one is traveling out of the country and another one lives in a different state without the child

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 21, 2023

The child needs to be left with an adult it does not have to be a relative.

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