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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 .

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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 .

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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

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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

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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
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... View More

Penny Wymyczak-White
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... View More

Penny Wymyczak-White
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... View 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... View More

Penny Wymyczak-White
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
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
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... View More

Penny Wymyczak-White
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
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
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... View 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
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,... View More

Penny Wymyczak-White
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
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 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

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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 .

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1 Answer | Asked in Personal Injury for Texas on
Q: I got an assault charge sealed from 6 years ago but still shows when applying for apartments. What are my options?

Judge ordered seal so I don’t think it should show. This was sealed maybe last year or the year before.

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 7, 2024

Get a certified cop of the order sealing your record and send it to the agency disclosing your record.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: The OAG filed an enforcement, at court the ncp is claiming a possession credit, but he took her without my consent

Her dad took her for over 9 months and refused to give her back and moved to another city about 4 years ago, now the OAG filed an enforcement case because he is almost $8000 in arrears. At court he had the balls to say those arrears should be wiped out because he deserves a possession credit... View More

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

You should of never let him keep her 9 months. You could of file a Writ to get her returned to you. It is up to the judge to decide if he will be given possession credit.

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