Get free answers to your Family Law legal questions from lawyers in your area.
We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 18, 2024
An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 11, 2024
I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More
Or current value when sold
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 11, 2024
In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.
With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just... View More
My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 9, 2024
You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts... View More
Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 8, 2024
You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.
You don't mention exactly... View More
We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.
Does holiday vacation override weekend visitation for summer?
Is NCP entitled to weekend visitations?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).
We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.
Does holiday vacation override weekend visitation for summer?
Is NCP entitled to weekend visitations?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More
I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.
Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and... View More
I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More
That’s it
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 5, 2024
It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More
He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 3, 2024
No, only the brother can give you a power of attorney to act on his behalf and he can only do that if he is mentally competent. "Some" brain damage does not necessarily mean that he is incompetent, but it does raise a warning flag to make sure he is mentally competent before acting on... View More
He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jul 13, 2024
As my colleague correctly states, the brother himself can, if competent. Otherwise, the guardianship route could be required. POA route is less costly and simpler, if possible. Good luck
I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More
![Stephen Arnold Black Stephen Arnold Black](http://justatic.com/profile-images/1523975-1692108390-sl.jpeg)
answered on Jul 2, 2024
An immigrant entering on ESTA can only intend to visit and cannot have preconceived intent when entering the US. However, there is nothing wrong with entering on ESTA with the intent to visit but later on changing your mind and wanting to stay. This is far more common than you would think. It is... View More
I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
Here's a concise response to the situation:
1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.
2. Options to Consider:
a) K-1... View More
Child is being neglected by the mother and CPS will not do anything. Child and mother live in Texas and the custody case is in Tarrant county.The mother's home is not clean we have pictures. The Child has reported to many family members that he only gets one meal a day and that laundry soap... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 1, 2024
You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 1, 2024
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your... View More
The dates go all the way back to 2018. But, what I don't get that we don't have police reports for any of the days he is claiming that I didn't let the kids go. Also I'll like to turn the case into I change in child custody because I don't feel like my children are safe at his place.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 1, 2024
Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.
You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 28, 2024
Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More
My girlfriend has very mentally abusive parents and she doesn't want to be anywhere near them. She has places she can stay but her main concern is being able to legally emancipate without their consent. They have prevented her from passing school by cutting off all forms of contact with... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 24, 2024
A parent must verify the petition unless both parents are unavailable or their whereabouts are unknown.
Your girlfriend must be at least 16 years of age and living apart from her parents and, most importantly, be self-supporting and managing her own financial affairs. One thing that... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.