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Questions Answered by Penny Wymyczak-White
2 Answers | Asked in Family Law and Child Custody for Texas on
Q: My kids dad thinks I broke my morality clause and is refusing to let me have them the month of July. What can I do?

I haven't received a temp custody order or anything - Can I show up and get my kids since the paper works states that is what I'm supposed to do for the month of July. Can he keep them from me?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 1, 2022

If you have court order visitation show up. If he does not give them to you file a writ

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4 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?

It's been years since this happened, but about 4 years ago I applied at HEB and was declined because of my "assault charge", is what they said. I know this has to be inaccurate because I was never charged, so I am curious what they saw on my background check?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 30, 2022

If you were not convicted you can file to expunge the case.

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2 Answers | Asked in Divorce and International Law for Texas on
Q: Hi, My spouse and I are Americans and Egyptians; if he divorced me in Egypt, what are my rights as Texas resident?

I’m 54 years old, married for 33 years, and unemployed ( I’m seeking a job); my husband and I are almost separated for 3 years. We do have a home in Sugar Land and joined banks accounts

( that he is controlling most of them, I don’t have online access except for one account). I’m... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

If you have lived in Texas for 6 months and in Austin for 90 days file in the county where you live,

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: the respondent filed a counter petition but have yet to serve me. what can i do

I filed a petition in Tarrant County to have my case moved to Collin County (where the kids and I reside) and to modify the order. My ex husband filed his own petition 6/14 without actually answering mine. I was informed that I can not move forward until I am served or I should reach out to his... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

Look in your county and see if there are volunteer lawyers. If you don't have a lawyer I would wait until you are served,

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I lied about assault and he got arrested but it wasn't true what do I do
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

You could be arrested for filing a false police report. You need to tell the truth and hopefully they will dismiss his criminal case,

1 Answer | Asked in DUI / DWI for Texas on
Q: Can a probation officer suspend the requirement of only driving cars with an IID for someone on probation for Dwi in TX?

If a person is been convicted of a dwi in Texas, has been put on probation, and has been ordered to drive with an IID per the terms of their probation, can their probation officer temporarily suspend the requirement to drive with an IID for any period of time (particularly the first 2-3 months at... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

You cannot drive without a Texas drivers license.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

You may need to leave kids here because most judges will not let you move. You can take the visitation you offered their father.

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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: My husband file divorce. Since we miscommunication and more . We decided trying out marriage or couple counseling.

I didn't recive letter yet . Is his file can be hold or do I need hire lawyer? What do I need expect

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

He can put the divorce on hold, If you have not been served you do not need to worry.

1 Answer | Asked in Family Law for Texas on
Q: I live in the State of Texas - I am unmarried, but I have been living with a woman for the past 10 years.

I have been very careful to avoid having our living situation qualify as a common law marriage under Texas law. I did designate my live-in friend as my domestic partner for health insurance purposes when I was working, but there was never a formal agreement of any kind. I own 100% of the house we... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

You need to have a Will and be specific . Show her the will and explain to her your wishes,

1 Answer | Asked in Family Law for Texas on
Q: Can my boyfriend and I marry in Texas with a prenup that will allow us to keep our finances, assets completely separate?

We've lived together 10 years. We are in our 60's and both own a lifetimes worth of assets. Additionally, our philosophies regarding finance handling are radically different. We laugh about our differences.

We love each other and want to make it official by marrying but neither... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Yes, and I think it is a great idea,

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What’s the rule on grandparents rights in Texas?

My 3yr old child’s dad hasn’t seen, talked or supported her in almost 2 years. And his mom is the type to fight me in court to get visitation rights for her. Bc i don’t feel comfortable with her taking my child 5hrs away without me there, and she knows this but still keeps pushing about.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Texas grandparent rights are very limited. I doubt she could prevail in court. Her son could get visitation and the grandparent could see the child on his time

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my son's mom legally keep my son away from me without a court order? I see him currently every other weekend.

My son's mother is trying to take me to court to invoke rules on where I can take my son and who I can take him around. She's using her mom's health as a reason for this due to her MS. Her mom is a caretaker of Logan when he's not in my custody/when she's at work. Thank you!

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Your son's mom can get a court order but she can't keep you taking your son around family unless there is a danger

1 Answer | Asked in Personal Injury and Identity Theft for Texas on
Q: My daughter was injured in a collision years ago. Someone filed a lawsuit claiming they represented her

My daughter's medical records were "missing" after a car accident making it difficult to get medical treatment. Our family found out someone filed a lawsuit claiming to represent her personal injuries. They used someone else's identity with the same fist and last name. Now years... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Contact the lawyer who filed the lawsuit and file a police report .

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Sister call cop said I hit her im at corner store can cops come in and detain me

And when arrived cop sees no visible markings never question my mom and detaining me never told me why what happened or anything just walked up behind me told me stand up turn around put your hands behind your back inside the store

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Police had probable cause and could detain you

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1 Answer | Asked in Divorce for Texas on
Q: If me and someone own property together and the other person gets married, is their spouse entitled to any part of home?

We bought our home together and are both in the loan but we’re getting divorced but we decided to keep the property in both of our names anyway

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 23, 2022

The new spouse does not own any part of the house,

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Adoption: Other Eligible Party vs. Biological Eligible party

My cousin and I are related biologically, but adopted into different families. She has given up rights to her child and I have filed for adoption. I have finished my home studies and i have court next week but now CPS is telling me that the paperwork will need to be changed to "Other eligible... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 21, 2022

If they are still letting you adopt don't worry about what they refer to you

2 Answers | Asked in Criminal Law for Texas on
Q: Can a police officer break into my hotel room over theft of a car misdemeanor call. I'm in texas,

The police got called for burglary vehicle I was in my room with the door closed and the latch latched I was in there by myself cops came I didn't answer the door they never seen me in the room of course they knew I was there but never see me and eventually broke down the door found illicit... Read more »

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

If they have a felony warrant they can break down the door,

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I get a copy of a voluntary relinquishment of parental rights letter that has been lost?

I have been given guardianship of my grandchild, and I need a copy of the voluntary parental relinquishment sent by the possible father. How would I go about getting one?

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

If it has been filed with the court go to the clerks office and they can give you a copy,

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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