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Questions Answered by John Michael Frick
2 Answers | Asked in Family Law for Texas on
Q: Needing some help with what to do in my family law case

I am the custodial parent in my case with my 15 and 16 yr old kids. I am over the kids school and where they stay I have the rights over that. We have a 50/50 agreement. But the mother of the kids have brainwashed the kids and plotted to have kids not come home and never once told them they had to... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You need to file an application for writ of habeas corpus and motion to enforce. If you do not know what those are and how to do that, I strongly recommend you hire an attorney with experience in family law in or near the county where you live. Be aware that it is often difficult to obtain relief... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I file suit for injuries in 2011 if still suffering injuries due to the first injury?

I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was retaliated against and I want to know what rights I have. I worked in multi-family. Can I speak to someone
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: I’m a 17 (18 in feb) year old female, who is finding interest in a 22 year old. are we allowed to date? Sexual relation?
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Yes. The age of consent in Texas is 17. That being said, if you're just in the "finding interest" stage, you should consider whether it may be too early in the relationship to be having sexual relations. Just because something is legal doesn't mean you should do it. A lot of... View More

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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2 Answers | Asked in Family Law and Social Security for Texas on
Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: What does child support specifically cover?

Good afternoon. I pay $1300 a month as a non custodial parent and we have joint custody of the kids. My son needs to go to the barber to get his haircut but the mom refuses pay for it. Also he always goes to school with slippers and socks, no sneakers or shoes. What are child support payments... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More

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1 Answer | Asked in Contracts for Texas on
Q: do I have to travel to the state that I loaned a girl $200 over cash app when I live in Texas and she lives in Pa.

I have text messages about the loan. can I sue without traveling?

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It depends on whether the girl has sufficient minimum contacts with the State of Texas such that the exercise of personal jurisdiction over her does not offend traditional notions of fair play and substantial justice. This is the legal "test" that enables a court of one state to exercise... View More

Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: My wife and I are separated, not divorced. Who provides services to develop a separation agreement?
John Michael Frick
John Michael Frick
answered on Nov 1, 2024

A family law attorney would be the best to help you but Texas does not have legal "separation." You are married or you are divorced. You could create a partition and exchange agreement dividing your marital estate between you as each spouse's separate property but, legally, you... View More

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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Car Accidents for Texas on
Q: sudden airbag deployment gives driver concussion causing driver to over correct into next lane and oncoming traffic

who is responsible

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

It depends. If the airbag suddenly deployed because of a manufacturing defect, the manufacturer of the vehicle would likely be responsible. If the airbag suddenly deployed because of negligence in servicing the airbag, the mechanic servicing the airbag and his employer would likely be... View More

1 Answer | Asked in Small Claims for Texas on
Q: Am I able to motion for an appeal or anything like that since it's the defendant's responsibility to show up for court?

I have a small claims case against an auto shop. The owner was served months in advance by a sheriff but didn’t show up to court. The judge informed me the defendant had hired an attorney who didn’t receive notice of the court date. Don’t I have a right to win, as the defendant was served and... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

No, you cannot appeal as there is no final judgment to appeal.

You are not "entitled" to win. The judge can only grant a default judgment if it is clear that the defendant does not have any intention of defending the claim and intentionally did not show up or was...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Am I entitled to half of the equity in my house if my name is not on the loan or the deed in a divorce?
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More

1 Answer | Asked in Small Claims for Texas on
Q: Just need some guidance on filing my small claims in Houston TX, what I can and cannot include in the Law suit.

As far as renumeration goes, what else can I hold the other party accountable for, since I have to pay fees to file the Law suit

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

In a small claims lawsuit, you can recover your legally compensable damages, as well as statutory damages, exemplary damages, attorney fees, expert fees, or additional damages if they are available for your particular type of claim (e.g. DTPA, theft liability, gross negligence in a personal injury... View More

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Texas on
Q: I've most likely been erroneously placed on a Terrorist Watchlist. How can I be removed and stop privacy violations?

I'm writing out of desperation. I've been stalked for years and have gone to authorities many times.

I'm experiencing Remote Neural Monitoring and what is referred to as V2K or Voice to Skull. In short, a government agency is reading my thoughts and torturing me twenty-four... View More

John Michael Frick
John Michael Frick
answered on Oct 24, 2024

You should contact the Principal Deputy Director of the TSC at the FBI for information about being removed from the US terrorist watch list.

As for remote neural monitoring and V2K, there is no government agency responsible. Experts pretty much agree that such technology does not yet...
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1 Answer | Asked in Family Law for Texas on
Q: Can my sister kick me out of the house when/if she becomes POA?

My Mom recently passed and my Dad is 81 yrs old. When/if she becomes POA, whether Dad is still alive or passed, can she kick me out of the house?

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

If your father is alive and is the owner of the house, your sister, as your father's attorney-in-fact under a POA, can evict you from the house if your father tells her to do so.

If your father dies, a POA of course no longer has any force or effect. If the house was owned by your...
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1 Answer | Asked in Family Law and Probate for Texas on
Q: Are purchases on credit card divided between heirs if one heir is a card holder on account?

My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: I received a document saying my condo’s hoa lost lawsuit and the settlement will be around $5M. Will I have to pay?

I co owned this condo with my ex wife. Need to transfer the loan/deed to me. Need to know if I have any financial risk of owing a large amount of money to cover the HOA’s lawsuit lost once I transfer the condo’s deed/loan to myself. The HOA’s lawyer seemed to say the HOA’s insurance won’t cover it

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

It seems likely that the HOA will have to make a special assessment on the owners to satisfy the judgment or will have to dip deeply into its reserves and raise the members' regular assessments to replenish the reserves. That may render certain types of financing (like FHA loans) unavailable... View More

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