A grandparent has standing to petition for certain rights with respect to grandchildren. "Standing" is the legal right to ask the court for something. Until you have a court order, you do not have "rights" simply because your grandchildren lived with you.

A... View More

You should contact the attorney who handled your divorce. QDROs are required any time the parties divide retirement benefits in a divorce proceeding. While this is not a DIY project, most attorneys with experience in divorce cases are capable of drafting a QDRO. Some attorneys, however,... View More

It is both legal and required. Unpaid child support can (and should) affect your credit. Child support is a "preferred" debt that takes priority over many other types of debt in the event of a priority dispute or bankruptcy. A child support lien is usually going to be satisfied first,... View More

Because there is no procedure or mechanism for transferring a pending civil case from one state court to a court of another state.

If you filed the pending case and your ex-husband did not file a counterclaim, you might be able to dismiss your pending California case without prejudice... View More

It sounds like you have existing court order that doesn't address this issue. If that is correct, then you would want to file a Petition to Modify the Parent-Child Relationship because you are asking the Judge to change an existing court order.

You are asking the Judge to change in... View More

You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.

In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.

For example, if the price of... View More

When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for... View More

It depends on what the language in the Decree says. There is no legal prohibition on him choosing to add those days to the end of his Father's Day weekend. So, if the Decree does not prohibit it and gives him the right to add three days, then I think he most likely could do so.

If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More

Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.

It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More

The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More

You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More