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Questions Answered by Penny Wymyczak-White
2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

They are filing false police reports. Police could if arrested him for false police report.

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1 Answer | Asked in Criminal Law for Texas on
Q: My husband was on pretrial for over a year was supposed to have trail but now it's saying that there will be no trail.
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

You did it no mask a question. The case must of been dismissed or he is took a plea

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: My ex boyfriend came out of jail last month and took my daughter with out my permission. How can I get her back?

There is no paternity agreement. No DNA. Nothing saying he is her father. He has history of abusetowards me when i was preg.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

You need to file a suit in court and establish child support.visitatiion and custody.

2 Answers | Asked in Criminal Law, Domestic Violence, International Law and Juvenile Law for Texas on
Q: My brother molested me when I was 13yrs old. Albert is 2 yes older. He did these sick acts for a few weeks. U told Mom

My brother stopped but not before he beat Dad up in the Shoe shop as I walked in back door after school seen Dad laying on floor and picked a shoe hammer up to fend Albert off of Dad. I cried then it was in high school days

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 18, 2022

What is your question, If you want to file charges file a police report,

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1 Answer | Asked in Criminal Law for Texas on
Q: My friend told me in 2019 I could use his checking account for anything I needed. I did just that until this year.

And now he wants me to repay for everything or he will be pressing charges. I say this is civil case and not a criminal case am I correct.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 17, 2022

If you dont have proof that he gave you consent it may be criminal.

1 Answer | Asked in Child Custody for Texas on
Q: When does the boundary limit take affect after you move? Child custody visitation 45 days to 30

We have summer custody for 45 days due to us living more then 100 miles away. But during our visit with her we are moving into the hundred mile radius. According to the paperwork that gives us only 30 days. When does that take affect?

We are moving in the middle of summer during our 45 days.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

In my opinion it is when visitation starts,

1 Answer | Asked in Divorce for Texas on
Q: My current divorce attorney agreed to a continuance from opposing counsel without my consent. Do I have any recourse?

Opposing counsel claimed my spouse tested positive for COVID two days prior to our mediation hearing. However, she signed and filed the continuance request before I was ever notified of what was happening.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

Your attorney does not need your permission for a continuance.

1 Answer | Asked in Criminal Law, Constitutional Law and Public Benefits for Texas on
Q: Who's job is it to police the police?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

Internal affairs police the police

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can my ex-wife come and get our son at anytime if it is my visitation time with me?

My 8 year old son was talking to his mom who lives in another state and said he misses her and wanted to come back home even though it is my time with him. She said she is coming to pick him up because he has that right to come home when he wants to. I know I have rights to parenting time with... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

If it is court ordered visitation she can not get him on your time

1 Answer | Asked in Child Custody for Texas on
Q: I have court ordered child custody/child support papers. The non custodial parent will not return my 14 year old home

He has my son thinking its "his choice". The non custodial parent Will NOT respond to me

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 15, 2022

You need to file a writ to get the child returned

2 Answers | Asked in Family Law for Texas on
Q: Is there a way to remove a spouse from being able to make financial decisions and having access to funds in Texas?

If spouse A is making financial decisions that are detrimental to the household and refuses to listen and continues to do things that financially put the family (2 adults and 4 children 18 & younger) at risk, is there a way for spouse B to legally disallow them access to financial institutions?... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

O

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1 Answer | Asked in Divorce for Texas on
Q: I have filed a divorce in Texas and we are staying separate for the last 10 Months, our divorce case is still pending.

When its come to property division, do my income from last 10 months count in property division even though we are not staying together from the last 10 month. What are my rights in this situation? How I can stop my income to count as a community property ?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

Your income is community as long as you are married,

3 Answers | Asked in DUI / DWI for Texas on
Q: Can my 3rd degree felony DWI charge be reduce Class A misdemeanor?

I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

Yes .there is a chance . You need to hire a lawyer

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1 Answer | Asked in Wrongful Death for Texas on
Q: My girlfriend hung herself in jail and died from her injuries can I pursue legal action and sue them for negligence

Or is only her immediate family able to do so

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

Only her immediate family, I am sorry for your loss.

2 Answers | Asked in Criminal Law for Texas on
Q: If someone such as felon get stop with gun in car but on parole. Bonded out but wasn't taken court till off of parole.

He is off parole since March. What can happen to him. Prison time r probation

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 13, 2022

A felon cant have a gun . You will be charged with a felon in possession of a firearm

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1 Answer | Asked in Family Law for Texas on
Q: 2 POA's from the same person. Which one is valid?

My mother gave me a POA about 11 years ago pre-dementia. She recently moved in with my brother. My brother got her to sign a POA recently at the time of her signing she has severe dementia. I have a signed statement from her doctor stating that fact and also stating that she does not have the... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 13, 2022

Yours is valid if she was in sound mind and at the time she signed your brothers she was not in sound mind. Retain a lawyer and void your brothers power of attorney

1 Answer | Asked in Child Custody for Texas on
Q: My ex opened a custody case in Oregon. However we moved to Washington 11 months before he did. Child was born in Oregon.

Child was born in Oregon but hasn't lived there since he was 4 months old. We have now been living in Texas for over a year. What do I need to do to get case dismissed for wrongful jurisdiction

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

Retain a lawyer and they can contest jurisdiction

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce for the 2nd time on 2/28/22. He is now refusing to serve me. How can i move forward?

He's a disbarred attorney and is bullying me into an uncontested divorce. He has been telling me he wants to reconcile since 2016 when he filed the first time. I learned that it was just a tactic to not have to pay alimony and to waste and dispose of assets.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

Retain a lawyer and file a counterclaim.

1 Answer | Asked in Child Custody for Texas on
Q: My child’s other parent has not called in two years now wants to show up for summer visitation can I say no ?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

If it is court ordered visitation you cant say no.

1 Answer | Asked in Family Law for Texas on
Q: What happens when I answered a general denial to my minor child’s name change and I was not notified of the court hearin

I know there is a hearing scheduled because I have been watching the court register of action but I have not been notified by opposing counsel of the hearing

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 12, 2022

You need to attend or they may take a default,

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