Texas Family Law Questions & Answers

Q: Can I get restraining order for harassment when children are involved on my kids father

1 Answer | Asked in Family Law for Texas on
Answered on Feb 20, 2017

Yes. Here is some more information:

http://www.womenslaw.org/laws_state_type.php?id=98&state_code=TX

http://legalbeagle.com/6109507-requirements-restraining-order-texas.html
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Q: My wife was heir to her deceased dad's home. The will is lost. Her family sold the house without her consent

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 17, 2017

Contact a probate lawyer in the county where he died. Too many Affidavits of Heirship are inaccurate.
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Q: Can my daughter get arrested for having sex at school? We live in texas

1 Answer | Asked in Criminal Law and Family Law for Texas on
Answered on Feb 16, 2017

It depends on how old the children are, but in my professional opinion, the more noise you make about this, the more likely it is someone will notice and push the issue. If your goal is not to escalate the situation, your best action is to keep quiet about it outside the house.
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Q: Can A 19 year old get in trouble for having sex with a 17 year old ?

1 Answer | Asked in Criminal Law and Family Law for Texas on
Answered on Feb 16, 2017

No, a 17 year old can consent to sex under Texas law.
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Q: So my divorce was finalized in December and I'm thinking about moving. What are the procedures I have to follow?

1 Answer | Asked in Family Law for Texas on
Answered on Feb 7, 2017

Without looking at your divorce decree, usually divorce decrees say that the child or children cannot leave the residence restriction. That means that you can leave but the child or children would need to stay in the designated area. If you want to take the child or children with you, you would need to file a Motion to Modify to open a new case. You should talk to an attorney about your specific circumstances to see if this is a case you want to take to court. Generally, I would say that is a...
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Q: can parent take property away from a their kid if it was given to them but another family member?

1 Answer | Asked in Family Law and Juvenile Law for Texas on
Answered on Feb 7, 2017

One of the rights as a parent is to manage the property of your child up to a certain amount. That being said the answer is yes the parent can take the laptop away from him. He does own it but the parent can manage what he owns.
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Q: My husband's ex-wife keeps harassing me but no one will do anything because we relocated. What can I do?

1 Answer | Asked in Family Law and Criminal Law for Texas on
Answered on Jan 19, 2017

FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION

Fraudulent use of Identifying Information is a State Jail Felony punishable by up to 2 years in state jail.

Sending images of dead children is misdemeanor Harassment punishable by up to 180 days in County Jail but if she did it on multiple occasions that is Stalking, a third degree felony punishable by up to 10 years in the state penitentiary.

The false child support document is the crime of Fraud and also the...
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Q: Can my sister sell back my dad's truck without getting in trouble?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Jan 14, 2017

How can she sell something she doesn't own?

No, you need to probate the estate, if there is equity to be divided, and do this properly.

Seek a local probate attorney to help you through the process if you don't know how to begin this process but don't delay.
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Q: My neighbor next door passed away and I would like to obtain the property.

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Answered on Jan 13, 2017

She may not have title to the property unless it goes through probate, assuming she wasn't a joint tenant with her father. If she and her father were joint tenants with right of survivorship, she is now the sole owner and probate is probably not required. If her father was the sole owner -- or even if she was a co-owner but not a joint tenant -- probate almost certainly will be required to pass title to her so that she can sell to you. She can make a contract with you to sell the property...
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Q: I'm in an abusive relationship-verbal & physical. How do I leave safely? Do I file then move out or move out?

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Answered on Jan 13, 2017

Call SafePlace 24hour hotline at 512-267-7233. If they can't help you directly they can refer you to resources in your area.
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Q: I got my husband to jail for family violence this is a 3rd degree felony adult federal they want me to show up in court

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Answered on Jan 13, 2017

Assault is a state crime so I'm not sure why he would be in federal custody. He needs the best criminal defense attorney you can get that practices in the county where he is charged with this offense.
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Q: Do I need a lawyer to represent what I want in this case as the "victim"?

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Texas on
Answered on Jan 13, 2017

The DA can't MAKE him do anything. The DA is just making an offer. If he doesn't like the terms but wants to negotiate then he can make a counter offer. If he doesn't want to negotiate then he simply reject the DA's offer and puts it in a status where either the DA gives up or takes it to a jury trial.

Having your own attorney may make it easier for you with regard to the DA but potentially harder with regard to the defendant's attorney... so you want to make sure your attorney can...
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Q: I filed papers for a divorce and my husband is now acting aggressive can I leave TX and go home to PA with my children

1 Answer | Asked in Divorce and Family Law for Texas on
Answered on Jan 12, 2017

You cannot kidnap your own children, but you wouldn't want to do anything to complicate the divorce process.
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Q: DivorceSettlement agreement in TX. We have agreed on everything.

1 Answer | Asked in Family Law for Texas on
Answered on Jan 12, 2017

Texas statute allows you to go back and modify the children portion of your decree whenever there has been a material and substantial change in circumstances; whereas, once the property is divided your agreement is binding unless someone failed to disclose a hidden asset.
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Q: Wife's mother with dementia living with us is unwilling to move to a nursing home. What options do we have?

1 Answer | Asked in Family Law and Elder Law for Texas on
Answered on Jan 6, 2017

Without a Medical or Durable [Financial] Power of Attorney allowing your wife to enforce the doctor's orders (assuming that they are for nursing home care), you mother-in-law may need to become a person under a guardianship/ Contact the county or probate court where she lives for a list of Approved Guardianship Attorneys.
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Q: My child was severely burned by hot tea while in CPS care. I am the child's possessory conservator. Do I have standing?

1 Answer | Asked in Family Law and Personal Injury for Texas on
Answered on Dec 30, 2016

Contact a member of the Texas Trial Lawyers Assn in your area--they give free consults.

Much depends on the wording of the court order--get the free consult and review it with them.

I hope all goes well with the child. However usually for many burns they will wait until the child is a teenager. You may want to look at the Shriners' program for children with burns--it's totally free.http://www.shrinershospitalsforchildren.org/
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Q: Can a 10 year old be prosecuted for telling another 10 year old that they could have someone shoot them?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Texas on
Answered on Dec 13, 2016

Argument would be made there is no intent. Can they be prosecuted? Unlikely but children have to be warned about threats as the schools have lower tolerance and they can end up suspended for no good reason.
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Q: As the only living heir...do I have the right to see my fathers will if he made his best friend the executor?

1 Answer | Asked in Estate Planning and Family Law for Texas on
Answered on Dec 5, 2016

Contact a local probate lawyer at your earliest opportunity. No one can "avoid probate" in the manner you describe. They can, however, dissipate the assets and be liable for doing so. With a properly written will, Texas probate is relatively inexpensive -- more so than the trouble this person seems to be bringing on himself.
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Q: Father died had power of attorney who wants living heir to sign off on car title. Does the heir have rights to said car

2 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Answered on Dec 3, 2016

I am sorry for the passing of your father. A POA ceases to exist upon a person's death.
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Q: I pawned items with my ex, but the pawn ticket is in my name. Do I own the items if I pay the loan off?

1 Answer | Asked in Small Claims, Family Law, Personal Injury and Arbitration / Mediation Law for Texas on
Answered on Nov 29, 2016

You can see what the shop will do. If you pay get an itemized list. It'd be hard to separate out what got valued so my advice is make a clean break and 1)pay and keep your stuff 2) either give him his items or give them with a copy of the receipt showing what you paid and a polite request for repayment --however that would involve interaction with him.

If you give them back, suggest you do it through an intermediary.
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