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Texas Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Should I get married or make a will?

I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 26, 2023

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »

2 Answers | Asked in Family Law for Texas on
Q: If my childs father owes over $10k in child support and finally decides to file taxes and claims 2 children one is mine

One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 24, 2023

Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.

In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will...
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1 Answer | Asked in Family Law for Texas on
Q: My biological mom passed, her fam. Not giving me nothing, how can I find out if my mother had a will, because they won't

My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.

If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.

If she didn’t...
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0 Answers | Asked in Family Law for Texas on
Q: I'm submitting a petition for name change, however, I work overseas and have no residential address only mailing address

The address on my drivers license is Houston (Harris County), however, I have been overseas as a contractor for 4 years and no longer reside there. Overseas I only have an APO address. I do have a PO Box in Houston (Harris County) but don't think I can put that on the petition. Additionally, I... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need help on how to get my kids back when I go to court it gets pushed back and not it’s closed
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.

If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not...
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1 Answer | Asked in Family Law for Texas on
Q: Can I get my money back on renovations I had done on my gfs house?

Long story short, I went in on a house with my gf but my name isn’t on the deed. We were gonna do that when we refinanced as I am helping with monthly payments but I also put up all the closing costs and repaired the water system, had the softener fixed, installed a garage door opener and things... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 22, 2023

Unless you have a contract with her for repairs you cannot get your money back.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas on
Q: What motion do I file next? Can I stop the appeal to avoid trial?

I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

You should have an experienced attorney carefully review your court file.

If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.

If you weren’t served with your ex’s...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: (Texas) If my spouse has use of a bank account that is not in her name, can that account be an asset?

My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 21, 2023

Your attorney can file a discovery motion and ask for this information

2 Answers | Asked in Family Law for Texas on
Q: The father of my kids works for his dad who owns a tree company. They have customized an amount that is paid to him

Every week for child support purposes and gets paid the rest in cash . How can I prove he is getting paid under the table ?

John Michael Frick
John Michael Frick
answered on Mar 20, 2023

The easiest and best way would be to have a witness with personal knowledge testify about the arrangement.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My wife filed for divorce 01/25/23. I just today got the waiver and decree from her attorney. I don't know what to sign

The waiver says I give up my legal rights and won't be present at the court date. I don't want that because the wife was full of lies and deception during the marriage and separation. I don't want her going in front of the judge with more lies and getting the conditions of the divorce changed.

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Based on what you said, I would not sign the waiver and would instead hire an attorney to file an answer on your behalf and to review the proposed decree.

There is no telling what sneaky things she or her lawyer may have put into the decree to disadvantage you. There are subtle ways to...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: (Texas) If my spouse has use of a bank account that is not in her name, can that account be an asset?

My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... Read more »

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Yes, the information can be secured by your attorney.

Yes, if your wife deposited community funds into another account which is held in her brother’s name, or anyone else’s, those funds are still part of your marital estate.

On the other hand, if the account is merely linked to...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce in District court. How and why spouse may request other party to pay for her/his lawyer? Both are poor

Neither of us wanted or could afford divorce lawyer. But now I got the gift from friend. He sent me $5K for the divorce lawyer. But someone told my spouse that she may request me to pay for her lawyer. What is the legal ground for that? And in which circumstances they would satisfy such her request?

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Tex Fam Code 6.708 authorizes the divorce court to award reasonable attorney fees in divorce proceedings. Tex Fam Code 6.502 authorizes to make temporary orders awarding interim attorney fees to a spouse.

Typically, this is done when one spouse controls community property like bank...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: My ex is trying to put our home in foreclosure to spite me. Is there a way around it?

After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... Read more »

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.

If the second spouse does not pay the mortgage, the first spouse can then exercise her rights...
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0 Answers | Asked in Family Law for Texas on
Q: I have my first child support hearing, what documents are recommended to provide to the court? I don't have attrney.

The non-custodial parent has retained an attorney for our first child support hearing and I cannot afford one. I dont know what to expect

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: What action do I take to file for non parent custody in Texas since my granddaughter has been with me since birth?

One parent is on drugs and girlfriend on antipsychotic meds hears voices telling her to harm herself other parent has abuse the child neither have a stable home

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Hello. You just need to hire a lawyer to file a suit affecting parent child relationship and have both parents served.

1 Answer | Asked in Adoption, Child Custody, Family Law and Tax Law for Texas on
Q: Are there grandparent rights in Texas? If not what could I do to get custody of my granddaughter?

My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.

1 Answer | Asked in Family Law for Texas on
Q: Can we change my 10 year Olds last name without the father bring involved at all?

My daughter is 10. I gave her the father's last name at birth. He has NEVER been in her life. He also is NOT on the birth certificate. She wants to change her last name to mine. Can we do that without getting the father involved at all? It could potentially be dangerous if he is notified.

Sharita Blacknall
Sharita Blacknall
answered on Mar 13, 2023

In Texas, a parent can petition for a name change for their child, but notice must be given to the other parent, even if they are not listed on the birth certificate.

If the other parent cannot be located, the court will require notice to be given by publication in a newspaper and an...
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