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Questions Answered by Eric Stephen Lafleur
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex-wife (common law) filed for child support under the Uniform Interstate Family Support act.

However, there is no custody agreement established. Moreover, in her paperwork it shows that she is "single." How do I go about filing for custody since she took the children to a different state?

Eric Stephen Lafleur
Eric Stephen Lafleur answered on May 23, 2018

You'll need to file a suit to establish custody orders in whatever State the children have been living in for the last 6 months. If they haven't been living in the new State for 6 months yet, you may still be able to file in the State they moved from. Contact a lawyer to assist you with this,... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: In Texas, how old does a child have to be before their wants are taken into consideration?

My 11 yr old has to go spend the weekends at her dad's with his girlfriend and her 3 boys, while he works. He is insisting that she can only go to friends houses or have any kind of plans on my weekends. He also keps telling her that he has to work so much to pay me, and that is why he doesn't see... Read more »

Eric Stephen Lafleur
Eric Stephen Lafleur answered on May 22, 2018

At 12 years old, the judge has to listen to (but isn't bound by) a child's preference as to her primary residence. The judge may, but isn't required to, listen to the child's preference about possession schedules.

Her father shouldn't be telling your daughter that he's having to work to...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Got charged for an offense in another state, got dismissed and how I got a letter of suspension in Texas. How to fix it?

I was charged for a driving offense in Indiana back in Aug. '11, and ultimately the charges were dismissed in May '12, however I recently received a letter from the state saying that my license will be suspended, even though the charges were dismissed. The charges never went to the judge in Indiana... Read more »

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Sep 5, 2012

Assuming the Texas suspension is based on the Indiana arrest, you'll need to ask an Indiana attorney. The states have a mutual agreement that, when one suspends a driver's license, the others will reciprocate. So if the suspension is originating from something in Indiana then the problem will... Read more »

1 Answer | Asked in Divorce for Texas on
Q: Been with boyfriend for 18 years do we need to divorce an does he owe me any kinda of support . we live in texas
Eric Stephen Lafleur
Eric Stephen Lafleur answered on Sep 5, 2012

Need more detail to be able to answer your question. the first issue is whether or not you and your boyfriend are considered to be married or not. this depends on whether you've lived together and, while living together, agreed to be married and represented yourselves to third parties as husband... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Where or how can I locate a Family service center for having supervised visits with my child in a neutral setting?

Harris County has one (Houston). Travis County has one (Austin). I need one in a rural area, near Longview, Texas.

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Sep 5, 2012

Try looking here:

http://www.svdirectory.com/

The directory has three listings for Longview.

1 Answer | Asked in Divorce for Texas on
Q: How to do a legal seperation in Texas
Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 14, 2012

Texas really doesn't recognize formal separations - you're either married or you're not.

1 Answer | Asked in Divorce for Texas on
Q: I have been divorced since 2004, but my ex and I reconciled, bought a home, and have luved together since in Texas

This year, we filed taxes together. Do we now have a common law marriage?

Would we need another divorce should anything happen?

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 14, 2012

A common law marriage is established when a man and a woman:

1. Agree to be married;

2. Hold themselves out to others as being married; and

3. Live together.

So, to answer your question, it depends on whether or not you've "held out" as husband and wife - meaning, have...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Can Texas suspend a DL from California after a DWI charge?

In 2003 I was charged with a DWI in Texas. I had just recently moved from California. I advised my attorney that I had a California DL and not a Texas DL. At the hearing, it was suspended without explanation as to how that was possible. Please explain if there is a federal common law or how... Read more »

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 14, 2012

Texas can't suspend a California license directly, but there is an agreement among the States that, if one State suspends your driving privileges, the other States will reciprocate.

1 Answer | Asked in Family Law for Texas on
Q: A woman I was divorced from years ago had a child and gave it my last name. It is not my child.

Can she legally do this?

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 14, 2012

I think the issue will be whether she retained your last name after the divorce. Did she?

1 Answer | Asked in Family Law for Texas on
Q: My wife and I had a verbal agruementshe left and took the kids from Austin to Houston, I am on probation for bi/fv-a

Do I have rights and was she allowed to take them that far without my consent,she told me she moving there and going to stay and get a job

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 14, 2012

You have rights, but its not entirely clear to me what they are. First, I'm assuming that when you say you're on probation for "bi/fv-a" you mean "Assault Causing Bodily Injury - Family Violence". The next question is whether you're on probation for assaulting your wife, or someone else. I'm... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My wife and I have had temporary custody of our niece since she was born.

Her mother was fighting leukemia and lost, and there is no father on the birth certificate.

Legally, is there anything that we need to know about or do?

This involves Texas law.

Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 9, 2012

Well, it would help to have a little more detail about what you mean by temporary custody, and how long you've had it/how long your niece has been living with you. Do you mean that the niece has simply been living with you, or that there was a court order granting you temporary custody? If there... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What constitutes common law marriage in Texas?
Eric Stephen Lafleur
Eric Stephen Lafleur answered on Aug 9, 2012

Texas Family Code Sec. 2.401 sets out the requirements for a common law, or informal, marriage. They are:

1. A man and woman agreed to be married;

2. After the agreement, the man and woman lived together; and

3. They represented themselves to others as husband and wife.

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