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

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

1 Answer | Asked in Criminal Law for Texas on
Q: If charges of abuse are dropped will a protective order go away?

Now he wants to file for divorce but doesn’t want any thing on his record as he wants to be able to get partial custody of his children.

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

It depends on what type of protective order that was issued, If it was a 61 day protective order it will expire. If you went to civil court and was granted a protective order it will not go away,

2 Answers | Asked in Child Support and Family Law for Texas on
Q: What does child support specifically cover?

Good afternoon. I pay $1300 a month as a non custodial parent and we have joint custody of the kids. My son needs to go to the barber to get his haircut but the mom refuses pay for it. Also he always goes to school with slippers and socks, no sneakers or shoes. What are child support payments... View More

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

Your ex can do whatever she wants with the child support money, Put the best interest of the child first, Take your child to the barber and get his hair cut and buy him new shoes, It may not be fair to you but it is in the best interest of your child,

View More Answers

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: I shot a dog on my property with my sons pistol , now I think they are going to file charges of felon in possession of

Disregard this question

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

IT depends how long you have been out of prison if you can have a gun at your residence under State law . Under Federal law you can never own a gun anywhere or anytime,

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: Are you able to sue district attorneys for false charging?

I was fasley charged in Lubbock tx. The charge was dropped months later. During a hearing to proceed pro se in my case, a sitting district attorney stated that my case did not fit the criteria of the charge i was charged with

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

The district attorney generally have immunity, You may have a malicious prosecution suit against the complaining witness if the facts are right,

View More Answers

2 Answers | Asked in Family Law, Child Custody and Health Care Law for Texas on
Q: Can I prevent my ex from moving my 14 year old son out of state? (Texas)

My ex revealed in a text she plans to move out of state with my son within the next year, to a state that will allow her to seek transgender treatment for him. I do not think he, at his age, should be treated for this. When he is 18, if he still wants it, OK, but he does not have the wisdom or life... View More

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

You need to file a Motion to modify and Ask for a geographic restriction and request all medical decisions have to be mutually agreed

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: i have been charged for a class A misdemeanor in Texas. Warrant out for arrest i no longer live in texas

I have since moved out of state and i am unable to return to texas due to not being able to get time off from work. Can a Lawyer represent me on my behalf. The charge is for domestic violence.

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

You did not state what county the warrant was issued. Call a lawyer in that county .

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.