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Questions Answered by Penny Wymyczak-White
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.

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

They will not let him fire his Court appointed attorney

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 3, 2024

If he is mentally competent he can hire a new lawyer if he has the funds. The judge does not have to appoint him a new court appointed.

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1 Answer | Asked in Family Law for Texas on
Q: What portion of medical bills is the non custodial parent responsible for if the cost is higher bc he failed to keep ins

We are responsible for half and half on medical bills . But because he has failed to keep the insurance current I have had to pay out of pocket a lot more than if they had insurance. Is he legally responsible for the full amount as we are supposed to split 50/50 cost as the order states which is if... View More

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

Many decrees have language that if the person ordered to carry insurance fails to provide insurance that they are 100 percent responsible. Review your order

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

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

You file in the State your child resides.

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1 Answer | Asked in Criminal Law for Texas on
Q: After a bench trial the judge took 5 years to make a decision on the case. Can i file for a PCR appeal?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

The appeal timetable starts once the judge sign the final order or judgment.

2 Answers | Asked in Criminal Law for Texas on
Q: If a character witness testifies is it suppose to be on the court transcripts?
Penny Wymyczak-White
Penny Wymyczak-White
answered on May 3, 2024

If the character witness testified during the trial it should be in the transcript

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1 Answer | Asked in Criminal Law for Texas on
Q: Name is backwards and misspelled on report indictmen ,and docket does it matter
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 11, 2024

This can be corrected very easily.

1 Answer | Asked in Criminal Law for Texas on
Q: Can an officer make me unlock a built in safe in my center councel? Does me being a felon make any difference?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If the police has probable cause they can search your car.

3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If you have insurance they may drop the hit in run. Retain a lawyer if see if there is any way to keep it off your record

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2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 10, 2024

If he is still in high school and there is a court order you probably need to provide the records or name of doctors.

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2 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for Texas on
Q: After occupants of a stopped vehicle are cleared can an officer force you out of your car randomly?

We, my wife, & myself were headed back to Texas A&M Veterinary emergency clinic with our dog who suffered a shotgun blast point blank range to the face and needed extensive reconstructive surgeries because his wounds became seriously infected.

Exiting Hwy 105 onto Texas Ave going... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 8, 2024

The police can ask a passenger to step so they can talk to them. You did not post the results of the conversation.

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1 Answer | Asked in Elder Law and Family Law for Texas on
Q: Is there Case law regarding the use of recordings of verbal/emotional elder abuse?

I have Power of Attorney for my 95 year old incapacitated mother. I have audio evidence of a sibling verbally and emotionally abusing her. Is there case law to use this recording in a guardianship hearing?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You cannot use a recording unless you are a party to the conversation

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband cheated and had a baby during our marriage

Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?

Not to mention... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You should file for divorce and have the judge order child support.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have an assault with bodily injury charge, I did 6 months in jail can I get a non disclosure?

It was originally assault with a deadly weapon but lowered to a misdemeanor of Assault with bodily injury. I just got an interview to be a flight attendant and I don't want to lose the opportunity due to this charge. It happened in 2016.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You cannot get a non disclosure. It appears you were convicted and will stay on your record

1 Answer | Asked in DUI / DWI for Texas on
Q: So I got arrested on a dwi and when I asked an officer am I being detained and what for he stuttered and never answered

Do I have a chance of getting the charges dropped or what can I do?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

If you passed the blood and breath test you have a chance. Also it depends on how you performed on field sobriety test and the reason he pulled you over

1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can my adopted mom (aunt) hold my legal documents if i am 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail (under my name). is this in anyways legal? and if she continues to refuse... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You can get your own SS card and birth certificate. Go to the post office and transfer yourail to the new address .

2 Answers | Asked in DUI / DWI for Texas on
Q: What should I do if have a dui and GAP insurance won’t cover the difference
Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 30, 2024

Gab insurance excludes DWi. You need to read your policy it explains the exclusions.

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2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

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

Retain a lawyer and file a Writ to get your child back. Do not wait a long period of time.

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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

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