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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: How can we get our children back from a court that had no jurisdiction to make any orders over our children. Cps case

Another court has continuing exclusive jurisdiction in another county

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 8, 2022

You need to retain a lawyer. The court has jurisdiction but they may not have grounds to take your children

2 Answers | Asked in Family Law for Texas on
Q: If custodial parents want to move closer to the non-custodial parent, do we need to get a geo restriction modification?

We, the custodial parents, are allowed to live in Houston (Harris County) and the surrounding counties. If we want to move closer to the non-custodial parent, but slightly outside of the allowed counties, do we need to get permission from the court?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 5, 2022

If there is currently a geographic restriction in your court order, you can remove the geographic restriction either by agreement of the parties or by Court order.

If by agreement of the parties, you could draft a document that states something like "both parties agree that [custodial...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My possession order states that if the custodial parent moves to a different county.

What happens if the custodial parent moves back to the same county? Am I then required to do the pick up and drop off once again? She has moved 4 times in the last 2 years and I do not see it to be fair for this to keep changing.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 3, 2022

It is unfortunate that the custodial parent keeps moving with the child(ren). I can only imagine, if they are school aged, how it's affecting their schooling.

If the court order requires you to pick up and drop off at the custodial parents residence, then would have to do that until...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I need help with filling out paperwork for an emergency hearing to modify orders. I'm not sure how to do this on my own

My daughter is in need of outpatient mental health care, she's 13. But her dad can't do it, who she lives with, because she keeps running away from his house. So I want to bring her to Texas so I can get her proper treatment.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 2, 2022

You need to retain a lawyer in the county your daughter lives and they can file the necessary pleadings

1 Answer | Asked in Family Law for Texas on
Q: Will I need legal assistance to return to my marital home if I have been kept out for 7 months unjustly living with mdd

We have been married 9years he asked me not to come home last august I didn’t know he meant forever my parents are causing me great distress I just want to go home and have the same rights he has when deciding our and our children future

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 1, 2022

You can go home unless there is a court order keeping you out. Just go home.

1 Answer | Asked in Adoption and Family Law for Texas on
Q: My 15 year old friend is being abused, the abuse isn’t enough for cps to do anything, can he move in with me (18 y/o)

I currently live with my grandpa but I will have my own apartment soon, he is applying to jobs right now and by the time he turns 16 and is able to file for emancipation he would be able to live with me paying rent and helping with groceries. My main question is if he could move in with me at 15 or... Read more »

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

Your 15 year old friend can't live with you and you could be charged with harboring a runaway. If your friend is being abused call CPS.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I Trying to See who can lead me in the right direction with my cps case

my mom had temporary custody of my daughter but she past away an now is in state custody and I talked to the caseworker and stuff but they make it seem like if she got taken from me and what makes me look bad cuz I have one dirty UA but I haven't had my daughter and my custody for years so my... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

If your rights have not been terminated retain a lawyer. You will need to stay drug free. It doesn't not matter if your child not in your possession when you use. You can't use drugs

1 Answer | Asked in Family Law for Texas on
Q: What does this mean? "All earnings from a party from and after the date of this agreement are partitioned to that party.

It's a pending divorce. I'm wondering if I can make extra money now and it not be included or "looked at".

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

Without seeing the date of the agreement I cant answer the question.

2 Answers | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: Is there a statute of limitations in Texas for having sex with a 16yo girlfriend when the boyfriend is 20yo?

After nearly 30 years of marriage, my hostile ex-spouse is holding this threat of "outing me" for being in a relationship with her when she was 16 and I was 20. (nearly 30 years ago) We were in a steady relationship until we married, and remained married for 23 years. She had some bad... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

According to Article 12.05 (5) of the Texas Code of Criminal Procedure, for certain crimes, if the victim was under 17 years old at the time of the alleged offense, then the 20-year time period of the statute of limitations starts on the victim's 18th birthday, not at the earlier date of the... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: Can my child's teacher keep asking questions about punishment when there is a case open with cps

Teacher asked my child if they received punishment and if told how to answer

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

If the teacher sees bruises she can ask whatever questions she needs to get to the bottom of the bruises .

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My son is 15 and what's to go live in Kansas with my aunt and uncle. I'm ok with it but the father that dose not pay

What can I do to get him ok to go. Dad has not paid child support in two years.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 29, 2022

If there is a court order unless you get the fathers permission you cant let your son move, If the father is not seeing your son that may be a different story, If he is not paying child support but seeing your son file a Motion for contempt.

3 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Mar 28, 2022

Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.

In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate...
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1 Answer | Asked in Family Law for Texas on
Q: What is the procedure to gain guardianship of a child whose parent dies and the other parent is not responding.

16 year mom dies. dad is in another state and not returning calls about his daughter

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

Retain a lawyer . You can not file for guardianship with a lawyer and the better option may be filing in family court for custody if you have standing,

1 Answer | Asked in Family Law for Texas on
Q: Trying to pick up my son from school had to show signed orders by Judge to do so but still being denied by the father

He says his attorney hasn't signed his order but I've received my orders signed by Judge what can I do

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

If the order is signed by the judge it is a good order and all that you need, The school should release your son to you,

1 Answer | Asked in Family Law for Texas on
Q: I'm trying to get attorney but they need court documents.i never received nothing via,Zoom.who obligated
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 25, 2022

You should be able to go to the clerks office and get the documents you need to give the lawyer

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Can I request transcripts of prior court case and enter it as evidence of perjury in a new case? And if so, how?

My ex-wife was caught lying to a judge a few years ago regarding violating an order of protection against her then-boyfriend. She was confronted, admitted to it, and then verbally reprimanded by the Court. Later she married the guy, and he ended up involved in four DCFS cases against my son (whom... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 17, 2022

You can request the transcript of the proceedings wherein your ex lied to the court. Because you were a party to the former proceeding, you are entitled to get it. However, not every court has every proceeding recorded in Texas. You should make sure there is such transcript first. Then you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When charges are pressed on someone for falsely filing a child on their taxes what happens?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 16, 2022

They need to get an attorney if this really happen, They will alos have to pay back the tax money they received.

1 Answer | Asked in Family Law, Tax Law and Child Custody for Texas on
Q: My son turned13on 2-03-22 His dad has lived 20 minutes away made his choice not to be part of his life, plz read belw

Seeing him less than 5 or 6 times yearly.Hes a journeyman electrician of 25+ yrs, makes very good money but always lied about it and when he did pay c. Support, it was 500 at its highest.The woman he lives with is a P.Assist.On 6-13-2021 I was in a terrible car wreck.My poor son, who had spent the... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 16, 2022

If they supported him more than 50 percent of the time they can claim him, If you think you are entitled to exemption call the IRS and there is a form you can fill out to contest your ex claiming your son,

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Texas on
Q: My youngest daughter's paternal grandparents basically kidnapped her, bribed me into signing rule 11, nothing finalized

I have been bullied into this arrangement and I'm still actively custodial parent. They had money for an attorney and the father signed a waiver.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 16, 2022

Retain a lawyer. You may be able to revoke the Rule 11 agreement,

1 Answer | Asked in Family Law for Texas on
Q: My husband and I hired a cps attorney together, But he’s only representing one of us, does anyone know why?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 15, 2022

An attorney can only represent one person. You need to hire your own lawyer

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