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Texas Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can I be trespassing

I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however

1 Answer | Asked in Family Law for Texas on
Q: In a family law case do the lawyers have to tell each other who they subpoenaed before the court date ?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

When a lawyer files a subpoena with the court, opposing counsel will be alerted.

Trial by ambush is long gone!

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

1 Answer | Asked in Family Law, Contracts and Real Estate Law for Texas on
Q: Will we need legal help?

The owner of the house we just signed a lease/paid deposit for was working with a property management company but has fired them for his own reasons. They still have the property listed for rent, the lockbox hasn't been removed, and we want to make sure we're covered. We have a lease... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

If you have a lease signed by the home owner, you are in good shape. On the first day of the lease, you need to be there and occupy the house. That will solidify your tenancy. I would talk to the owner to confirm your move-in date. The fact that you paid the deposit puts you in good shape legally.... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I need advice on drawing up legal documentation fir a family matter.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Because of the importance of this task, your best course of action is to retain an attorney.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however.

1 Answer | Asked in Family Law for Texas on
Q: Can my ex force me to pay for braces for my daughter?

My ex wife, who is the custodial parent wants to get braces for our daughter. I've told her multiple times I am not in a position to pay for them at this time but she is trying to push it through anyways and make me pay for half. Is she able to essentially force me to pay for them even if the... Read more »

Omar Darwich
Omar Darwich answered on Sep 15, 2021

There is something called medical support in Texas.

Under Texas Family Code 154.064, the law requires the parent who is paying child support also normally provide medical coverage for the child through his or her health insurance at a reasonable cost. However, this cost is not to exceed...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: I am accused of family violence by husband. I was arrested, detained and taken to court. I need advise.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

you need to retain an attorney asap.

there are a lot of facts and moving pieces at play.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: My sister lives in Dallas, she is accused of family violence by husband. She was arrested, detained and court. Advise pl
Omar Darwich
Omar Darwich answered on Sep 15, 2021

She needs to retain an attorney asap

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

1 Answer | Asked in Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

1 Answer | Asked in Family Law for Texas on
Q: if my grandparents had legal custody of me am i considered there child?
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

No, having custody custody of a child is not the same as adoption.

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: I am caring for mother who lives out of state. If she goes home with me for a visit what are some consequences?

I do not have guardianship or POA. The visit will be for a few months. I am worried about a financial eldery abuse with my step brother if we stay in her home state.

Teri A. Walter
Teri A. Walter answered on Aug 20, 2021

Assuming your mother is competent and is going with you willingly, neither a guardianship nor a power of attorney is required. If you want to handle her financial affairs, she must be competent and sign a power of attorney allowing that.

1 Answer | Asked in Family Law for Texas on
Q: My sister wants to add me to a Statutory Durable Power of Attorney that she has already signed and executed for my Dad.

She lives in Lubbock TX and I live in Austin TX .

Teri A. Walter
Teri A. Walter answered on Aug 20, 2021

She can either execute a new POA for you (which may have different provisions than what she put on the one she gave to your father), or she can sign a new POA with both of you.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My... Read more »

Sharita Blacknall
Sharita Blacknall answered on Aug 20, 2021

There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I just found out I am the father of a baby boy in state care in Mn I live in TX . He is 9 months old what can I do

His mother has had her rights taken away and social services is trying to demand I go back to mn and leave my job and home everything basically in order to fight for my son who they are trying to have adopted I only found out 1 1/2 ago

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

You need to talk to a family lawyer in MN. While it will likely be necessary for you to appear at a hearing, it should not be necessary to move.

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