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Texas Questions & Answers
1 Answer | Asked in Child Custody for Texas on
Q: Custody havent been able to see child. No contact no phone number no address. Want to see my kid.

My husband has had a on going issuse with getting his son. The mother will not let me have him. She wont return phone calls or texts. I have no idea where she lives or works.

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If there is a court order in place regarding the child then an enforcement would be a proper route to take. A Writ of Habeas Corpus can be filed for the purpose of the mother being ordered to hand over the child at a specific place and time if the father has a legal right to have them (pursuant to... Read more »

3 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a felony evading arrest be expunged?

My cousin was arrested on an evading arrest charge in 2003. One lawyer told him it could be expunged and one lawyer told him it couldn't. What is the rule on expunging felonies if at all possible?

He was charged felony and sentenced based on a misdemeanor and was giving a fine of... Read more »

Grant St Julian III
Grant St Julian III answered on Jul 9, 2020

Expungement depends on the final disposition of the case, not the degree of offense. If the case was dismissed, you may be able to an expungement or disposition. The only way to remove a final conviction from a person's criminal record, however, is through pardon from the Governor.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: i have a 17 yrs old daughter that has been living with me, and her mom is asking for child support?

i have a 17 yrs old daughter that has been living with me since she was 8 yrs old and her mom is asking for child support since she born......what can i do to get her to pay me child support, we went to court but she said my daughter was living with her and the judge didn’t do anything, even when... Read more »

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If your daughter has been living with you and the court order gives the mother the exclusive right to designate the daughter’s residence, then you could ask the court for a modification of the old order.

2 Answers | Asked in Criminal Law for Texas on
Q: What will happen if a 16 year old almost 17 year old girl gets pregnant buy her 25 year old boyfriend?

My 16 almost 17 year old niece got pregnant by her 25 year old boyfriend that her parents had no idea about, her parents weren’t happy about it and filed a report, but my niece won’t tell the police or her parents his name. Can they do anything about it?

Grant St Julian III
Grant St Julian III answered on Jul 9, 2020

ALMOST doesn't mean anything. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject. Good luck.

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Texas on
Q: I need advise on transferring a home deed into my name.

The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 8, 2020

The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.

It is not clear that your mother should transfer the home to anyone while she is alive....
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1 Answer | Asked in Divorce and Child Custody for Texas on
Q: we were set for mediatrion till i saw the price tag. being a single mother i can not pay the price tag for my lawyer .

what can i do ? i have no legal rep and will not agree to his terms which leave me and the girls homeless

Kelly Case
Kelly Case answered on Jul 8, 2020

Not possible to answer based on limited information provided. You can try and contact Legal Aid for your county and see if they can step in to help. Or you can try and mediate the case yourself. Fortunately, mediation is a lot less formal than Court and you will know the facts of the case. You can... Read more »

1 Answer | Asked in Divorce and Banking for Texas on
Q: Can I take my name off of a checking account his money goes into and make it to where we can not transfer money.

We have two checking accounts. My name is also on the account his deposit goes into. I have another checking account where my deposit goes. Am I able to take my name off the one account and make it to where we can not transfer money from one actor the other.

Kelly Case
Kelly Case answered on Jul 8, 2020

Your question would need to. have a lot more information before anyone can answer definitively. If divorce petition has been filed, then you will need to review the County Standing Orders to determine what you may or may not do. This is totally different in each county. If divorce has not been... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Miranda Rights read but person wasn't arrested.

How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?

Grant St Julian III
Grant St Julian III answered on Jul 8, 2020

Miranda warnings should be given by law enforcement to any suspect before any custodial interrogation, whether an arrest is made or not.

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1 Answer | Asked in Family Law for Texas on
Q: We were awarded PMC with parental rights of my wife's first cousin. Can she choose at age 15 to go back to her mother?

My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 8, 2020

She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: In Louisiana can a judge give you flat time for a first time felony with no parole and it was non violent
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 8, 2020

You should re-post this question with the location set to Louisiana so it will be seen by attorneys licensed to practice law in that state.

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1 Answer | Asked in Business Law, Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Can a tow company keep my car for Sunday and charge me for it because they aren’t open?

He told me they close at 4 on Saturday and closed on Saturday And open at 8:30 Monday but I read online they have to be open 8 Monday and till 5 on Saturday and open Sunday

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

A Texas attorney could advise best here, but your question remains open for two weeks. As a GENERAL matter in most any jurisdiction, the answer is generally yes. Such facilities, as a policy, do not suspend accrual of storage fees on Saturdays and Sundays. A Texas attorney could advise more... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I need to notify the Texas court that I moved me and my daughter to California even if I have sole custody?

I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 7, 2020

The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: My dad died, step mom is beneficiary on life insurance. Are his children entitled to any of that or His pensions?

Step mom left him and was living in Oregon. He did not have a will but 401k, life insurance and pension from a job before they were married. Are his children entitled to any of that money or not because she is listed as beneficiary? I

Know we have property rights.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2020

She is entitled to the life insurance and anything else on which she is named the beneficiary. The 401k passes to her unless she wrote the plan administrator waiving her right to it.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Grandfather passed away in 2018 - His assets were split 3 ways between my Mom, Uncle and Aunt. My Mom was in the

process of setting up a will and living trust and then passed away (None of her Assets were put in the trust in time). My father is still with us but nothing was in his name. We are still trying to locate all the assets. My Father has an estate attorney involved and has filed for probate. But... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2020

In Texas inherited property is always separate property. It passes to the spouse if all children of the deceased are also children of the surviving spouse. The children only have a share if there are children of the deceased who are not children of the surviving spouse.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
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1 Answer | Asked in Criminal Law for Texas on
Q: What can I do to get missing police video of a arrest that would show my brothers innocence. All other video is there

It's like they cut camera off and back on after what happened and it's the only part that would show what he is being accused of, it's just cut out and we need whole video

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

His attorney should request the CAD (ie computer aided dispatch) report from the prosecution. There are two variant types of the report for Austin Police Department, but both should include the badge number of every dispatched officer and other details like which vehicle they were in, what time... Read more »

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: Can I help protect my son from a case of aggravated assault? I don't want to excuse what he did but dont want him jailed

age 14, aggravated sexual assault.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

You son's future depends on how this case turns out so hire the best criminal defense attorney available who takes juvenile cases.

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on
Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 6, 2020

The investigator has threatened to take the case to the District Attorney if you do not bring your son in. It is quite likely that if you do bring your son in for an interview, the investigator will still take the case to the DA, only your son will have made the DA's case a lot easier. The... Read more »

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2 Answers | Asked in Criminal Law and Communications Law for Texas on
Q: I have someone threatening to file harassment charges on me for sending a fb message. Can they do this?

This man posted a racist statement in a public Facebook group. I sent the screenshot to his sister and daughter. I also messaged his wife asking why she deleted me. I have not contacted any of them since, and have asked him to stop contacting me after his initial threat. He sent another message... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

A great Tx Lawyer and Judge said: "You can sue a ham sandwich." It sounds like this person thinks his beliefs are the supreme word of God and we should all be worshiping the ground he walks on. He could bring a harassment litigation against you in civil court. The police are usually... Read more »

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