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Texas Family Law Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 27, 2022

If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.

You should read your current court order thoroughly because it is unclear from your post if there is a geographic...
Read more »

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1 Answer | Asked in Family Law for Texas on
Q: I live in the State of Texas - I am unmarried, but I have been living with a woman for the past 10 years.

I have been very careful to avoid having our living situation qualify as a common law marriage under Texas law. I did designate my live-in friend as my domestic partner for health insurance purposes when I was working, but there was never a formal agreement of any kind. I own 100% of the house we... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

You need to have a Will and be specific . Show her the will and explain to her your wishes,

1 Answer | Asked in Family Law for Texas on
Q: Can my boyfriend and I marry in Texas with a prenup that will allow us to keep our finances, assets completely separate?

We've lived together 10 years. We are in our 60's and both own a lifetimes worth of assets. Additionally, our philosophies regarding finance handling are radically different. We laugh about our differences.

We love each other and want to make it official by marrying but neither... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Yes, and I think it is a great idea,

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What’s the rule on grandparents rights in Texas?

My 3yr old child’s dad hasn’t seen, talked or supported her in almost 2 years. And his mom is the type to fight me in court to get visitation rights for her. Bc i don’t feel comfortable with her taking my child 5hrs away without me there, and she knows this but still keeps pushing about.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Texas grandparent rights are very limited. I doubt she could prevail in court. Her son could get visitation and the grandparent could see the child on his time

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my son's mom legally keep my son away from me without a court order? I see him currently every other weekend.

My son's mother is trying to take me to court to invoke rules on where I can take my son and who I can take him around. She's using her mom's health as a reason for this due to her MS. Her mom is a caretaker of Logan when he's not in my custody/when she's at work. Thank you!

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Your son's mom can get a court order but she can't keep you taking your son around family unless there is a danger

1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up... Read more »

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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You have put yourself in a tight spot.

Do not talk to anymore police! Get a lawyer and say no more. If you can't afford a lawyer, the court will appoint you one.

Godd luck!

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1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Adoption: Other Eligible Party vs. Biological Eligible party

My cousin and I are related biologically, but adopted into different families. She has given up rights to her child and I have filed for adoption. I have finished my home studies and i have court next week but now CPS is telling me that the paperwork will need to be changed to "Other eligible... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 21, 2022

If they are still letting you adopt don't worry about what they refer to you

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I get a copy of a voluntary relinquishment of parental rights letter that has been lost?

I have been given guardianship of my grandchild, and I need a copy of the voluntary parental relinquishment sent by the possible father. How would I go about getting one?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

If it has been filed with the court go to the clerks office and they can give you a copy,

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: My ex boyfriend came out of jail last month and took my daughter with out my permission. How can I get her back?

There is no paternity agreement. No DNA. Nothing saying he is her father. He has history of abusetowards me when i was preg.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

You need to file a suit in court and establish child support.visitatiion and custody.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Can my ex-wife come and get our son at anytime if it is my visitation time with me?

My 8 year old son was talking to his mom who lives in another state and said he misses her and wanted to come back home even though it is my time with him. She said she is coming to pick him up because he has that right to come home when he wants to. I know I have rights to parenting time with... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 16, 2022

If it is court ordered visitation she can not get him on your time

2 Answers | Asked in Family Law for Texas on
Q: Is there a way to remove a spouse from being able to make financial decisions and having access to funds in Texas?

If spouse A is making financial decisions that are detrimental to the household and refuses to listen and continues to do things that financially put the family (2 adults and 4 children 18 & younger) at risk, is there a way for spouse B to legally disallow them access to financial institutions?... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 14, 2022

O

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1 Answer | Asked in Family Law for Texas on
Q: 2 POA's from the same person. Which one is valid?

My mother gave me a POA about 11 years ago pre-dementia. She recently moved in with my brother. My brother got her to sign a POA recently at the time of her signing she has severe dementia. I have a signed statement from her doctor stating that fact and also stating that she does not have the... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 13, 2022

Yours is valid if she was in sound mind and at the time she signed your brothers she was not in sound mind. Retain a lawyer and void your brothers power of attorney

1 Answer | Asked in Family Law for Texas on
Q: What happens when I answered a general denial to my minor child’s name change and I was not notified of the court hearin

I know there is a hearing scheduled because I have been watching the court register of action but I have not been notified by opposing counsel of the hearing

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 12, 2022

You need to attend or they may take a default,

1 Answer | Asked in Family Law for Texas on
Q: My mom pasted away on July 22 2021. She had a will when she was alert and mind of her own so the will is a legal will

She had a will made legal will and she pasted away and left me her house and all her antiques I hired a lawyer and he charging me 1800.00 to change the deed to mine name but he's taking forever I just want secure that the house is mine. Please advise me what to do . I am in San Antonio... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 10, 2022

The fee he charged is reasonable . It takes time to transfer

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I am having a hard time filing for a continuance. The only form I find includes a Notice of Hearing & that won't work.

I have tried to file, but the clerk says i can't file without Judge's signature on that particular form. I can't find a request for continuance form that doesn't include the Notice of Hearing. (It is objected to by opposing party.)

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 9, 2022

You may not be able to find the document you are looking for through self help forms.

However, why do you need a continuance? Is this the first time you've requested a continuance? How long have you known about the upcoming court date? These are all questions the Judge/Court will...
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1 Answer | Asked in Family Law for Texas on
Q: My father in law passed away and his step daughter won't leave the house . What can we do to get her out.

My husband is his only biological child

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 9, 2022

Probate his estate and evict the step daughter,

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