Texas Questions & Answers by Practice Area
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Texas Questions & Answers
Q: What legal rights being a grandmother do I have of getting report custody
Victoria Collins' answer
In Texas, grandparents rights are limited. As long as the child’s parents are capable and willing to care for the child, grandparents have no standing to gain conservatorship.
In Texas, grandparents rights are limited. As long as the child’s parents are capable and willing to care for the child, grandparents have no standing to gain conservatorship.
Q: Wanting to file petition I130 for fiancé. Was previously married in which he recieved his green card. Could I file again
Kelli Y Allen's answer
As long as you are legally divorced, there's no problem filing an immigration petition for a second spouse.
As long as you are legally divorced, there's no problem filing an immigration petition for a second spouse.
Q: I lost my va benefits due to their saying that I'm a fugitive felon I violated my probation 20 years ago I was on two
Grant St Julian III's answer
Your situation is too fact specific to give a proper answer in this forum. You need an attorney to discover what exactly happened in your cases. Start calling around.
Your situation is too fact specific to give a proper answer in this forum. You need an attorney to discover what exactly happened in your cases. Start calling around.
Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Landlord - Tenant
for
Texas
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Rahlita D. Thornton's answer
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.
Q: can i file for pmc for kids and why is adoption wanting an adoption for benifits dont want money only boys back
Rahlita D. Thornton's answer
There is a lot going on in your stated facts. Find an attorney in your county to assist you. Look for a family law attorney. These cases are heart wrenching. You need to file your own actions stating what you want. Good luck.
There is a lot going on in your stated facts. Find an attorney in your county to assist you. Look for a family law attorney. These cases are heart wrenching. You need to file your own actions stating what you want. Good luck.
Q: Can a family member claim unclaimed property in Texas if will has been probated?
Tammy Lyn Wincott's answer
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.
Q: If a will has already been probated, how can I find out who the lawyer is to contact him?
Terry Lynn Garrett's answer
The probate or county court probate records will have the lawyer's name. In some counties these are online. Look by the name of the decedent.
The probate or county court probate records will have the lawyer's name. In some counties these are online. Look by the name of the decedent.
Q: I've messed up my parole and I have 6 months left....if I'm not caught within this time...and I turn myself in after the
Kiele Linroth Pace's answer
If a parolee could really just stop reporting and run out the clock, why would anyone ever report?
When you get caught or turn yourself in, you will spend some time in county waiting for a parole revocation hearing. If you are revoked at the hearing then you'll probably be headed to prison WITHOUT ANY CREDIT for the time since the blue warrant issued, and maybe some new charges on top of that. The longer you wait to deal with it, the greater the chance you'll be revoked. Life is hard...
If a parolee could really just stop reporting and run out the clock, why would anyone ever report?
When you get caught or turn yourself in, you will spend some time in county waiting for a parole revocation hearing. If you are revoked at the hearing then you'll probably be headed to prison WITHOUT ANY CREDIT for the time since the blue warrant issued, and maybe some new charges on top of that. The longer you wait to deal with it, the greater the chance you'll be revoked. Life is hard...
Q: Im doing a 3 yrs sentence on parole in Houston TEx...I have 6 months left..can I out run parole
Kiele Linroth Pace's answer
I'm not 100% clear on your meaning of "can I out run parole" but if you are considering halting communication with your parole officer and simply going AWOL, I hope you reconsider. Why sabotage yourself now with only 6 months remaining?
Do you really believe they'll say, "oh well, two and a half years is close enough" and simply let it go?
I'm not 100% clear on your meaning of "can I out run parole" but if you are considering halting communication with your parole officer and simply going AWOL, I hope you reconsider. Why sabotage yourself now with only 6 months remaining?
Do you really believe they'll say, "oh well, two and a half years is close enough" and simply let it go?
Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the
Roy Lee Warren's answer
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.
If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy...
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.
If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy...
Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?
Roy Lee Warren's answer
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.
Q: Can I apply for naturalization 90 days before my spouse complete 3 years as citizen? He got his citizenship on 05/18/16
Deron Edward Smallcomb's answer
To answer your question, I would want to know how long you have been a Green Card holder. Feel free to reach out to my office, or another experienced immigration attorney, to discuss your case.
To answer your question, I would want to know how long you have been a Green Card holder. Feel free to reach out to my office, or another experienced immigration attorney, to discuss your case.
Q: Im italian primary school teacher man wants to marry a morocan girl who is living in morocohow i can bring her here?
2 Answers
| Asked
in
Immigration Law and Gov & Administrative Law
for
Texas
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Deron Edward Smallcomb's answer
Are you talking about bringing her to the United States? Are you a citizen? If so, that very detailed process should be discussed with an experienced immigration attorney.
Are you talking about bringing her to the United States? Are you a citizen? If so, that very detailed process should be discussed with an experienced immigration attorney.
Q: Who do I need to call about finding out if custody papers were filed
Rahlita D. Thornton's answer
You can call or go online to whatever county the order may be in and tell them you need to know if any orders have been signed regarding you and him. Ask for CERTIFIED copies if so. Start there. Good luck to you. If you need our assistance we could help with this process. I know it is hard on you not being able to see your kids. Let us know 888-343-4529 or 888-3434LAW
You can call or go online to whatever county the order may be in and tell them you need to know if any orders have been signed regarding you and him. Ask for CERTIFIED copies if so. Start there. Good luck to you. If you need our assistance we could help with this process. I know it is hard on you not being able to see your kids. Let us know 888-343-4529 or 888-3434LAW
Q: Can the officer arrest a person with just a search warrant?
Kiele Linroth Pace's answer
A peace officer may arrest you for ANY offense committed in his presence or within his view. There are many other situations where no arrest warrant is required. See chapter 14 of the Texas Code of Criminal Procedure for details.
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm
As for entering a different address to search, the legality of such a search would depend on multiple factors that should be discussed privately with your criminal defense attorney, rather than...
A peace officer may arrest you for ANY offense committed in his presence or within his view. There are many other situations where no arrest warrant is required. See chapter 14 of the Texas Code of Criminal Procedure for details.
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm
As for entering a different address to search, the legality of such a search would depend on multiple factors that should be discussed privately with your criminal defense attorney, rather than...
Q: If I’m on parole and was arrested, but out on bond, how long does the court have to indict me in Texas? ?
Kiele Linroth Pace's answer
He should consult his criminal defense attorney. Maybe he hopes to get closer to 1 year and then move for a Speedy Trial. Or maybe there is an assumption that he will be ultimately be convicted, but that time served in jail will count toward his time in the pen but be easier time to do. Trying to force indictment by motioning for an examining trial is not always the best idea.
He should consult his criminal defense attorney. Maybe he hopes to get closer to 1 year and then move for a Speedy Trial. Or maybe there is an assumption that he will be ultimately be convicted, but that time served in jail will count toward his time in the pen but be easier time to do. Trying to force indictment by motioning for an examining trial is not always the best idea.
Q: Who do I go to if someone was put on probation by mistake or misunderstanding
Kiele Linroth Pace's answer
It is 100 times easier to fight for your innocence BEFORE you are convicted or enter a plea agreement. Trying to undo a conviction after-the-fact is always an expensive long-shot, and it usually fails. Your son wouldn't even be on probation unless he entered a plea of guilty* or he was convicted at trial... and if it was a plea he might have waived his right to appeal.
If he has been on straight probation for more than a few weeks then it is probably too late to file a Motion for New...
It is 100 times easier to fight for your innocence BEFORE you are convicted or enter a plea agreement. Trying to undo a conviction after-the-fact is always an expensive long-shot, and it usually fails. Your son wouldn't even be on probation unless he entered a plea of guilty* or he was convicted at trial... and if it was a plea he might have waived his right to appeal.
If he has been on straight probation for more than a few weeks then it is probably too late to file a Motion for New...
Q: Will the District Attorney take this case
Kiele Linroth Pace's answer
Depending on the AMOUNT of grout poured into the sewer line, there might be a basis to charge him for Criminal Mischief... on the assumption that a professional contractor should know better.
Your chances of a Criminal Mischief might be better if the contractor advertises his competency with projects involving grout, concrete, and/or plumbing. The level of the offense is based on the dollar amount of damage and the prosecution must prove that amount beyond a reasonable doubt. This...
Depending on the AMOUNT of grout poured into the sewer line, there might be a basis to charge him for Criminal Mischief... on the assumption that a professional contractor should know better.
Your chances of a Criminal Mischief might be better if the contractor advertises his competency with projects involving grout, concrete, and/or plumbing. The level of the offense is based on the dollar amount of damage and the prosecution must prove that amount beyond a reasonable doubt. This...
Q: How to.go.back to.court to get my visitation rights?
Rahlita D. Thornton's answer
If you’re being denied visitation rights then you have a right to file a motion for enforcement and contempt. Parties that do not comply with these orders can face jail time. We can assist. Contact us at 888-343-4529.
If you’re being denied visitation rights then you have a right to file a motion for enforcement and contempt. Parties that do not comply with these orders can face jail time. We can assist. Contact us at 888-343-4529.
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