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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: I am the sole executor over my father's will in which he gave me everything. Can my siblings contest this.

I am the power of attorney over his affairs and the sole executor of his will

John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if they have grounds to do so.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Hi I need a lawyer to go with me on 14 if this month are help reschedule my court date

I need to hire a lawyer

John Michael Frick
John Michael Frick
answered on Nov 11, 2022

If your case is pending in North Texas, I recommend Konnor Lee of Law Offices of Mark Childress in Fort Worth or Carla Rankin of Rankin Law PLLC in Rockwall.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My husband is investigating his child support from Asume, how would he owe back child support, it's taken from his pay.

He has 3 kids in PR 1 from his first marriage and 2 from his second marriage. All his child support is taken out monthly since he is in the military in the States. How would he owe back child support?

John Michael Frick
John Michael Frick
answered on Nov 8, 2022

It is possible the military made a mistake and didn’t withhold enough. It is also possible that there was a gap in time between when the child support order went into effect and when the military began withholding from his pay. If he didn’t make direct payments during that gap in time, he... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can I do if the person that has my son terminates our visit every time she doesn't like something

I get supervised visits but the lady gets mad when my son calls me mom or I let him she screams at him saying I am no one to him and if I allow him to know I'm his mom she will terminate our visits yesterday she made a huge seen at the park screaming in front of all the kids and my son he was... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Nov 7, 2022

You can file a motion to modify and ask to change the person who supervises.

You may also be able to get off supervised visitation if you can show that it is no longer necessary.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Legal Malpractice for Texas on
Q: Why is there so much corruption in the Bexar County Justice System…San Antonio, Texas

I plan to expose those who are corrupt in the Law Enforcement and Justice Department. Corruption will not be committed on my watch as an American Veteran and Advocate for those who can’t defend themselves… They are putting innocent individuals in jail and in prison…

John Michael Frick
John Michael Frick
answered on Nov 6, 2022

In my professional experience, there is very little corruption in the Bexar County justice system.

True, from time to time an innocent person is found guilty and put in jail or prison. In my experience, that is rarely the result of corruption but is more commonly the result of...
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2 Answers | Asked in Family Law for Texas on
Q: Visitation modification

I'm currently the "Non Custodial Parent", looking to relocate to Kentucky due to lower cost of living (Barely breaking even in Dallas). What modifications might i need to visitation and what is a typical out come to expect? Would it be possible to get over summer visitations,... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 4, 2022

I would suggest you read through your current court order because in most Texas standard orders, there are already provisions in place for parents to begin residing over 100 miles apart.

The range of modifications that can be made are all case specific, so I would suggest that you consult...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can a non biological “parent” get rights to a child that is not his if he’s been involved in child’s life for 6 years?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 3, 2022

You may have standing . Contact a lawyer and go over the facts of your case

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 3, 2022

He can give you the house now by deed or do a will

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 3, 2022

He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.

If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Mother passed away in 2021 in Texas, she had no physical property, just life insurance of $110,000, how do I file this?

3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.

Beneficiary passed away June of 2021, she passed Sept of 2021.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Oct 30, 2022

The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If the sole managing conservator kicks the child out at age 13 does can the poss. Cons. Gain rights and pick up the kid

The child is in texas and the posses. Conservator lives in Arkansas

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 28, 2022

I hate to hear that a parent has kicked a 13-year-old child out of the house. If the possessory conservator is in a possession to take their child into their home, then they have every right to take possession of the child, unless there is a reason why the possessory conservator having possession... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I need to postpone my divorce

My husband has bipolar disorder. It is serious he can act normal, but he is not in the right frame of mind. I need to find out how to stop and pause. he missed our daughters graduation that is way out of character for him. I do not have peace with this right now. I have to postpone it I don’t... Read more »

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

The answer depends on the current state of your case, the court it is in, and the particular facts and circumstances of your specific situation.

The first and most important thing you can do is hire an attorney with experience in family law.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I was never served or notified of a parental child Relationship suit. There was a restraining order why is me

The parent child Relationship suit was filed 20 after the restraining order with and emergency order attached. My child was never formally removed from my care. My mother the person who filed this suit has had control and has my chikd living with someone I do not know I no contact with these people... Read more »

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

It is not a condition precedent to a SAPCR (Suit Affecting the Parent-Child Relationship) that the Petitioner first file a report with CPS or with law enforcement.

Filing such a suit is only the first step. Before proceeding further, your mother would have to formally serve you with...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How to legally terminate a court-ordered spousal maintenance

My husband got a Texas court-ordered spousal maintenance in his '09 divorce (after a 10+yr marriage) which is to end after employment, death, remarriage or cohabitation of his disabled ex. She informed him that she'll be moving in with her fiancé in December and marrying in April... Read more »

John Michael Frick
John Michael Frick
answered on Oct 21, 2022

At the outside, the longest court-ordered spousal maintenance can last in a Texas divorce decree is 10 years (if the spouses were married to each other for 30 years or more). Tex. Fam. Code 8.054.

If the decree was entered in 2009, it has already expired.

Otherwise, your husband...
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1 Answer | Asked in Family Law for Texas on
Q: Can an adult change an error to their birth certificate in terms of Date of Birth if they discover that it was wrong?

Would they be able to complete this action on their own behalf and what is the process along with the required documentation?

Emily Daniell
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Emily Daniell
answered on Oct 18, 2022

There is an amendment form that can be submitted to Vital Records. It’s a bit of a process, and you will need supporting documentation.

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Texas on
Q: How do my wife and I as managing conservators act on a final order and enforce an agreed upon action?

My wife and I are joint managing conservators of our nephew. My brother is the non custodial parent with possessory conservatorship. We make all the decisions and care for him and my brother gets visitation and gets to be informed of what is going on with his son. We are in this situation because... Read more »

Emily Daniell
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Emily Daniell
answered on Oct 18, 2022

The answer to your question will be heavily dependent upon the language in the order. Some orders will spell out what happens if a drug test is refused (it’s often treated as a positive), and will clarify possession terms based upon testing. I would encourage you to read the order carefully and... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it possible for an adult child to lift a restraining order against someone restrained by the child's legal guardian

My fiancée has a heavy past with CPS, trauma, abuse, etc. She recently unlocked a repressed memory, one where she meets with a foster worker who offers her a new home to be in, that lead her down an info trail, through Ancestry, revealing the name of who is likely her real father. She contacted... Read more »

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

It may be a protective order not a TRO. You can contact him and ask any question that you want

1 Answer | Asked in Family Law for Texas on
Q: My father is on his death bed as we speak. He never signed his will, but he did tell me (his daughter) that he wants me

to have the home. It is only myself, my older sister and my aunt. Neither of them want the house. Do I need to get the home put in my name asap, or will his assests have to go through probate?

Thank you!

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 8, 2022

Unless he signs the house over to you before he dies or does a Will your sister will own 50 percent of the home

1 Answer | Asked in Civil Rights and Family Law for Texas on
Q: i need to know what forms to fill out to move my cps case to civil federal lawsuit. im prose and need a case dismissed

i have a cps case and everything has been done around the actual policies and procedues but im not from texas and im prose. so how do i get it dismissed and move to fed court for a civil lawsuit? i just need ghost paperwork

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 8, 2022

No forms . You need to retain a lawyer.

2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Energy, Oil and Gas for Texas on
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-

She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and... Read more »

Aimee Hess
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Aimee Hess
answered on Oct 5, 2022

It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as... Read more »

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