Texas Family Law Questions & Answers

Q: Ms. Garrett: Could my older brother & I call law enforcement on my brother who has locked us out & show the affidavit?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

You can always try.
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Q: To Terry Lynn Garrett: How could I obtain a deed for my deceased mother's home?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

If your mother has died, you will want to get the deed, with title insurance, in the name of her heirs (or, if she left a Will, her beneficiaries. A title company will issue a title insurance policy based on an Affidavit of Heirship. A court will not enforce an Affidavit of Heirship until five years have passed with no one coming forward to challenge it.

Many attorneys believe that the better approach is to probate the estate by filing an Application for Determination of Heirship and...
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Q: What could I do if my brother has changed the locks on my Mom's home that is heired to my oldest brother and I?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

Is it your oldest brother or a different brother? Do you have a deed to show the police?
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Q: My Grandparents in law were taken advantage of by two of their children. They have taken the money/property.

1 Answer | Asked in Estate Planning and Family Law for Texas on
Answered on May 23, 2017

Any beneficiary of a Will or heir of an estate with no Will can apply to probate an estate. When someone dies intestate, the heir must apply for a determination of heirship.
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Q: Can a judge force an unemployed wife from the home during temporary orders (no kids)

1 Answer | Asked in Divorce and Family Law for Texas on
Answered on May 22, 2017

Your attorney is the best person to ask, since the attorney was in court and has access to your current temporary orders. You will have to have the necessary evidence and facts to support your motion to modify. Without reviewing the case, it would be hard for me to give you a good answer.
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Q: Is it okay to move back home with a shared parenting agreement?

1 Answer | Asked in Family Law for Texas on
Answered on May 22, 2017

It depends on what your agreement says. Does it have a geographic restriction? In Texas, judges do not like to see a parent moving a child far away from the other parent. Your best option is to contact a local family law attorney who can review the agreement and advise you as to your options. You don't want to get settled in a new home and have to move right back.
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Q: How many times do I have to furnish copies of my kids' insurance cards to my ex-husband? He keeps losing them.

1 Answer | Asked in Family Law for Texas on
Answered on May 22, 2017

I suggest you consider exchanging documents through a web-based program, that way, he can login and download another copy every time he loses them. You would only have to keep current cards on file for him. I like https://talkingparents.com or you can look at myfamilywizard as well.
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Q: How to get AAL for adult guardianship case to investigate DPOA breach of fiduciary duty and joint bank account exploitat

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If the proposed ward still has legal capacity, she can file a motion for a temporary restraining order (served that day) followed (in two weeks) by a hearing on an order to show cause why the current DPOA agent should not be removed and a permanent injunction ordering her not to use the DPOA. Someone who wants to revoke a DPOA must contact each and every place the DPOA might be used: third parties are entitled to rely on it until they have notice that it has been revoked. Send the notices by...
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Q: Q: Who can investigate exploitation of Mother's joint bank account quickly and accurately ? A private investigator ?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If you suspect financial exploitation, contact the Harris County District Attorney's office. Harris County now has an assistant district attorney devoted to addressing elder fraud. You will want to provide information not in your question, such as what steps, if any, APS took; why you (and your mother) believe that the Physician's Certificate of Medical Examination is in error; and how you know that funds were illegally diverted.

You can also hire an Approved Guardianship Attorney...
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Q: If my son refuses to go to his father's house for visitation, what are the ramifications, if any?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on May 15, 2017

You are obligated to honor the court order to deliver your child to the other parent in accordance with the possession schedule. If you are concerned about your child's immediate safety, then call 911 right away. If your child is not in danger, then contact a local family law attorney who can review your order and all of the facts and let you know what your options are.
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Q: I WANT FULL CUSTODY OF MY 5 YEAR OLD DAUGHTER.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on May 15, 2017

If you have a custody case in court, you need to hire an experienced family law attorney. The attorney can review the mediated settlement agreement and look at the current situation and advise you as to how to proceed.
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Q: Realistically, can my husband get primary custody of his 6 yr old daughter who's mom doesn't work?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on May 15, 2017

Your husband should immediately contact a local family law attorney who can file an answer to the mod on the child support

modification. The attorney can also review all of the facts of the case and give you advice as to how to proceed with changing the primary possession order.

Be sure he hires an attorney to file an answer so that she does not get a default order Child support calculations are based on his income, not on what she needs to support herself, so if his...
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Q: Child support.. is over time included even if it's not a set amount

4 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Answered on May 15, 2017

You need your own attorney to protect your rights. Child support calculations are based on your income. Unless it can be shown that you can always count on overtime wages, your support should not be based on overtime.
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Q: Child support.. is over time included even if it's not a set amount

4 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Answered on May 15, 2017

You need your own attorney to protect your rights. Child support calculations are based on your income. Unless it can be shown that you can always count on overtime wages, your support should not be based on overtime.
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Q: Child support.. is over time included even if it's not a set amount

4 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Answered on May 15, 2017

You need your own attorney to protect your rights. Child support calculations are based on your income. Unless it can be shown that you can always count on overtime wages, your support should not be based on overtime.
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Q: son dropped out of school he is 18 I wasnt informed and now he is suppose to be in a home school. Do I still pay?

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Answered on May 15, 2017

Your child support obligation ends when the child turns 18, or graduates from high school, if he has not yet graduated by his 18th birthday. As a parent, you should be informed of any changes in school, unless your decree or order states otherwise. I would contact a local family law attorney who can look into this situation and advise you about your options.
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Q: how much would it cost for me to have an attorney look over a 32 page living trust and explain the context?

1 Answer | Asked in Family Law and Estate Planning for Texas on
Answered on May 15, 2017

If you contact a local estate planning attorney, they can provide you with an estimate. Most attorneys would do this on an hourly basis, so the cost would depend on the time it takes to review the document, prepare an explanation of the document and meet with you to go over the results.
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Q: Can I assign my share in an estate settlement to another person before the estate is settled?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 15, 2017

The attorney who is handling the estate can provide you with a waiver of your rights to the estate if that is what you are looking for. If that is not what you are looking for, a probate attorney can help you with what you need.
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Q: I'm common law my late husband left me a 1/3 and put me as companion

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 13, 2017

Any beneficiary can submit the Will for probate: it need not be you. You may want to line up the people who witnessed the signature to testify in court. If you are the surviving spouse, you have a right to live in the home as long as you live even though others may also have a right to the sale proeeds.
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Q: If a woman is 9 weeks pregnant and she wants to leave house, can spouse press charges for stealing unborn baby?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Texas on
Answered on May 9, 2017

No. What kind of question is that? You are just kidding, right? Or maybe the spouse isn't from this country?

Women are people, not property. It is 2017, not 1817.
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