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Questions Answered by Penny Wymyczak-White
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

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Why do I have to pay back child support if I was taking care of my son WHILE LIVING with my ex and paying him rent?

He got custody because he lied and 3 weeks after the divorce decree was signed he invited me to move back in with him and be 24/7 mommy. He was abusive and I left. We had a big fight and he went after back child support. My attorney was lazy and ended up screwing up my case and didn't want to... View More

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

You should of went to the AG office when you moved back in the house. If you already paid the child support your case is moot. If you owe arrearage go to the AG and request a hearing to confirm the arrearage

1 Answer | Asked in Criminal Law for Texas on
Q: If someone is arrested and makes bail before an indictment, can this person be re-arrested on the exact same charge?

Without investigating a complaint an individual has been arrested. This individual makes bail before the prosecutor take the complaint to the grand jury. Once the prosecutor takes the complaint to the grand jury and obtains an indictment an arrest warrant is issued. When the warrant is executed and... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 25, 2024

The judge may of raised the bond so the defendant has to pay the additional cost or retain a lawyer to try to reduce the bond

2 Answers | Asked in Adoption and Family Law for Texas on
Q: If I file a non suit for a family civil suit will I still have to go to a hearing to grant the non suit?

The family civil suit is an adoption/Termination of parental rights. I filled a motion to transfer to move the case from on county to another due to moving and a hearing was set in the county four hours away. I cant go to the hearing and want to just nonsuit the case and restart everything in the... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 25, 2024

You do not attend a hearing for a non suit. If the other party filed a countersuit your nonsuit does not dismiss their case.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed?

If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed? I feel behind on child support and was held in contempt today. My next hearing is in 3 months and on paper it says that day I will start my sentence, my lawyer however told me to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 21, 2024

Yes. Your lawyer is correct. You need to pay the child support and get a job asap.

2 Answers | Asked in Criminal Law for Ohio on
Q: If I am a witness for the defense can the prosecutor add me as a witness to their side?

I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

You did not state the outcome of the case. If it was guilty and you had. Evidence that helped the defense the defendant may want to retain a lawyer and look. Into an ineffective assistance writ.

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1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Where can I find current information on the trial of Raynaldo Ortiz?

Trial should have started in Judge Godny's court early February

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the district clerk office in the county the trial was held and they can pull the case for you.

1 Answer | Asked in Family Law for Texas on
Q: I was informed by the assistant district attorney in Texas, that I could file a motion to revoke community supervision

from the OAG website, but I cannot find this application

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the law library and they can assist you in obtaining the form. You may want to retain a lawyer because the motion is complicated.

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