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Texas Family Law Questions & Answers
2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

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

Most custody orders require a parent to provide to the other parent such records. If you do not have a custody order, there is no independent legal obligation on your part to gather together and provide such information. Your adult son has the right to obtain his own medical records from his own... View More

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0 Answers | Asked in Adoption, Education Law and Family Law for Texas on
Q: can my adopted mom (aunt) hold my legal documents if i am 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can my adopted mom (aunt) hold my legal documents if i am 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail (under my name). is this in anyways legal? and if she continues to refuse... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You can get your own SS card and birth certificate. Go to the post office and transfer yourail to the new address .

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband cheated and had a baby during our marriage

Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?

Not to mention... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 6, 2024

Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.

The community estate consists of any property that was acquired during the marriage (except for...
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1 Answer | Asked in Elder Law and Family Law for Texas on
Q: Is there Case law regarding the use of recordings of verbal/emotional elder abuse?

I have Power of Attorney for my 95 year old incapacitated mother. I have audio evidence of a sibling verbally and emotionally abusing her. Is there case law to use this recording in a guardianship hearing?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

You cannot use a recording unless you are a party to the conversation

0 Answers | Asked in Family Law for Texas on
Q: I was served a TRO and we went to court and I agreed to get reunification therapy and take a class. There is no signed o

I was served a TRO and we went to court and I agreed to get reunification therapy and take a class. There is no signed order in the court? it’s never been filed? I cannot do what was requested of me from the plaintiff without the order, all therapists I spoke with needed it? Now, her lawyer has... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I moved after receiving a threat a year ago, I’m now a 6 month resident.

I moved to Texas within 6 months ago, the father wasn’t really in the picture and I didn’t bother telling him due to him saying he’s not his. I didn’t bother of informing him of anything. Now he’s trying to come back in the picture. We’re married and live in two different states. I did... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2024

Under the Uniform Child Custody Jurisdiction Act and the Uniform Interstate Family Support Act, if the child has established his/her domicile and residence in Texas for six months, you should be able to initiate proceedings for child support and custody against the father if he lives in the United... View More

1 Answer | Asked in Family Law for Texas on
Q: In Texas, if a mother is drinking alcohol and smoking while she is pregnant, then can she be criminally charged?
John Michael Frick
John Michael Frick
answered on Apr 3, 2024

A mother has committed a crime in Texas if she "intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment."

Mere...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2024

In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More

1 Answer | Asked in Estate Planning, Divorce and Family Law for Texas on
Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I finalize an AJ report for custody. The AJ report was written by the judge. What steps do I take to get it final
John Michael Frick
John Michael Frick
answered on Apr 1, 2024

Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More

1 Answer | Asked in Consumer Law, Divorce, Family Law and Civil Rights for Texas on
Q: I lost my wife and money because someone Landed my name
James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about your situation. It sounds like you may have been the victim of identity theft, which is an awful experience that can have devastating consequences. Here are some steps I would recommend taking:

1. Contact the credit bureaus (Equifax, Experian, TransUnion) to...
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0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, can a non custodial parent switch to 1st 3rd and 5th after electing once a month?

Circumstances usually play a part in a parents election for over 100 miles whether they can do 1st 3rd and 5th or elect once a month with 14 days notice. If circumstances change for the non custodial parent, could they change to the default standard possession order to increase time with their... View More

3 Answers | Asked in Family Law for Texas on
Q: My nephew has medical power of attorney over me. Does that give his wife authority too?
John Michael Frick
John Michael Frick
answered on Mar 27, 2024

No. When you sign a power of attorney, only the person you designate as your attorney-in-fact has the powers set forth in the instrument, not that person's spouse. Even if your attorney-in-fact were to die or become disabled, his powers would not pass to his wife unless you specifically... View More

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1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Is re-doing my 14 year old POA (with no changes) a bad idea for any reason?

In 2023, a banking institution and a securities brokerage in Texas refused to accept my mother’s (Texas) Durable Power of Attorney executed in 2010, because their internal policy was not to accept POAs over three years old, irrespective of prominent language that the POA “was not affected and... View More

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

No. There is no reason not to redo it.

Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If my husband want to take our kids can he hes hasn't really been in the picture for over 7 years

They also have to go to summer school as it's demanded my the state can he still be able to take them

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.

You...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: should final decree include properties that are sold and foreclosed as awarded to a spouse?

after a trial, divorce decree was completed by opposing counsel (husband atty) and wife(me) objected to the inclusions of property awarded to her. the decree stipulated i was awarded a home that was foreclosed in 2015, a home that was sold in 2013 and a home that husband alleges was mine but it... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

There is no need to, or harm in, including such properties in a divorce decree.

With respect to properties sold after he served you with suit, ordinarily the court's standing orders prohibit either party from selling any real property in either party's name during the pendency...
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1 Answer | Asked in Family Law for Texas on
Q: Texas mom, 24, Looking to find out if I need to find a lawyer to represent me in court OR if I can get a court appointed

I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).

Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove...
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