You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

Rob Musemeche Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:... View More

Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.

The community estate consists of any property that was acquired during the marriage (except for... View More

In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.

You... View More

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This... View More

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

This question as worded is too vague to answer. The correct date may or may not be material to the contempt finding. For example, if the contempt order says you failed to timely make a child support payment of $1,000 due on January 2, 2023, but your child support payment was actually due on... View More

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I... View More

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of... View More

In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

When filing a response in a child support modification case in Texas, you typically need to list all the children, including both minor and adult children, if they were part of the original divorce papers. Even if the modification specifically focuses on a particular child or aspect of child... View More

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

Typically, the division of the parties' marital estate is treated as being separate and distinct from the determination of child support. Courts rarely approve an agreement whereby one party receives less marital property in exchange for an agreement to pay less child support.

At... View More

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More