Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Penny Wymyczak-White
2 Answers | Asked in Family Law for Texas on
Q: What can I do after the 20 days are up?

I got her served and she’s not responding, what are the 20 day/ default judgement need to be filed? What’s the point of the 20 day if I have to wait the 60?

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 31, 2024

Make sure you file the return of citation. You can't go to court for 60 days. You will need to prepare all the documents needed for a Default. She can also answer before the 60 days which will prevent you from taking. Default .

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 4, 2024

The stop is legal. Police do not have to give you a citation for the reason they initially stopped you if they find drugs in your car. Did you consent to the police searching the car or did the police smell pot. The police have to have PC to search your vehicle

View More Answers

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 22, 2024

A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More

View More Answers

3 Answers | Asked in Contracts, Civil Litigation and Family Law for Texas on
Q: Legal issues of retrieving engagement ring after breakup in Texas?

I gave an engagement ring to my fiancée with the intention of an eventual marriage, which was accepted verbally. However, we did not marry, and I retrieved the ring. Is there any legal issue with my retrieving the ring, and does she have a claim to it under Texas law?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 7, 2025

You did not state how you retrieved the ring, If she gave you the ring back there is no issue. If she broke off the engagement you should also be able to get the ring returned to you,

View More Answers

3 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I start a new divorce filing after the judge noted defective language related to my 18-year-old child?

I'm currently going through a divorce in Dallas, Texas, and the judge pointed out defective language in our filing concerning our child, who is now 18. There are issues related to child support and the child's well-being. Should I fix these issues in the current filing, or would it be... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 1, 2025

Just amend your petition and proceed with the divorce. Pleadings are amended all the time,

View More Answers

2 Answers | Asked in Child Support, Social Security, Civil Litigation, Family Law and Public Benefits for Texas on
Q: Can I contest garnishment for old child support debt in Texas?

In 1999, I went to prison when my children were 14 and 17 years old. I was released in 2009, and there was no mention of back child support. Now, at 67 years old, I’ve been informed by the Attorney General's office that they are garnishing $335 a month from my $2100 social security check for... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 1, 2025

There is no statue of limitations, Your ex could sign a release and release the child support arrearage, Your ex cannot release and payments such as Medicaid,

View More Answers

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: How to overturn an appeal for a theft charge in Texas?

I am seeking assistance to overturn an appeal in Harris County, Texas, related to a property theft charge involving a necklace and ear pods. Although I admitted to taking the necklace, no further evidence or witnesses were presented in court regarding additional items claimed. The case, initially... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 1, 2025

If you entered a plea of guilty it would be very difficult to appeal , When you plea guilty most the time you need the judges permission to appeal most issues. You may be able to file a writ for ineffective assistance of your counsel

View More Answers

2 Answers | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I overheard my court appointed attorney calling me a liar to the DA when I was sitting in court today waiting for him

He also told her I admitted guilt which I did not then told her I had a personality disorder of course when we went up for my turn to see the judge I requested to fire my attorney I proceeded to tell him why because he asked… the judge then told me to be quiet what should I do

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 31, 2025

You need to retain a lawyer. Call lawyers and see if you can find one that you can afford.

View More Answers

3 Answers | Asked in Child Custody and Divorce for Texas on
Q: I have gotten divorced, I’m looking to move within the next months do I have to notify the parent of where I stay at?

We have joint managing but I have the ability to designate residence without regard to geographic location.

If I move, will I have to notify the other parent even if he’s not as involved?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 29, 2024

Read your order it should tell you how many days you have to notify the other parent that you are moving.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: what do i need to do in order to counterclaim and respond to a custody lawsuit?

child's father is unstable. a history of alcohol abuse, insomnia, depression and anxiety. He isn't allowed to work for the state because of instances that happened while he was in active duty. he owns a gun that is military grade, and he keeps it out in the open or out at all times. he... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 30, 2024

You need to retain a lawyer if you want to protect your child. You may be able to get supervised visitation for the father.

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Can I press charges for someone stealing my pet pig and then sending a video of them doing it.

She also messaged me telling me that she did it and messaged my other roommate saying she did.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 23, 2024

Yes. Call the police and make a report. The police will call the district attorney and they will decide if they will accept charges

View More Answers

2 Answers | Asked in Criminal Law and Identity Theft for Texas on
Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 14, 2024

You waited 4 months to complain. I think you are stuck with the charges. You should of noticed the charges the first month.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I go live with my dad if I am 16 years old but my mom doesn't want to let me go live with him?

I am originally from Honduras, I lived with my mother until I was 7 years old, she came to the United States and left me living with my grandmother, 2 years later my grandmother died and I went to live with my father but that was only for a year because my mother did not want me to live with him,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 12, 2024

If there is a court order you have to live where we the order states. If no court order you can l

2 Answers | Asked in Family Law for Texas on
Q: Needing some help with what to do in my family law case

I am the custodial parent in my case with my 15 and 16 yr old kids. I am over the kids school and where they stay I have the rights over that. We have a 50/50 agreement. But the mother of the kids have brainwashed the kids and plotted to have kids not come home and never once told them they had to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 11, 2024

You need to file Motion to enforce and contempt and get a court date. Do not wait the longer you wait she will claim that you voluntarily gave up you periods of possession

View More Answers

2 Answers | Asked in White Collar Crime for Texas on
Q: Why would I have a hundred fifty thousand dollar bond for resisting arrest
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 10, 2024

It depends on the county how they set bonds. If you have priors that could be one reason. It sounds extremely high. If you retain a lawyer they can set a bond hearing and try to get a reasonable bond.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I would like to know what a judge can to do if my ex-husband has gone against court order and withheld my daughter.

I have custody he has withheld her for 80 days

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You need to get a lawyer and file a writ, If you do not do something fast he will argue that you voluntary let hm have the child.

1 Answer | Asked in Family Law for Texas on
Q: How do I transfer my parents (deceased) house deed to me?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

If they had a Will you need to probate the Will. If they did not have a Will contact a probate lawyer. If you are not the only child unless the other siblings agree you will not be able to put the house in your name,

1 Answer | Asked in Family Law for Texas on
Q: Can I marry my first cousin in Texas?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You can if you want to be charged with a crime. ,

2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You should not be pressured to all the DA. Take the class and than make your own decision if you want to call the DA,

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.