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Texas Family Law Questions & Answers
2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

If you are 18 in Texas, property you bought typically belongs to you. However, when a person is not mentally competent, another competent adult can be appointed as the guardian of that person and their property. It is not unusual for a minor to have a guardian, but the guardianship ends when they... View More

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Is It possible to change first, middle, and surname as well as a gender marker?

I am 18 years old, still a dependent of my parents, have no criminal record and simply want to have a separate identity from my family and my dead name.

James L. Arrasmith
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answered on Feb 1, 2024

Yes, it is possible to change your first, middle, and last name, as well as your gender marker, in Texas, even if you are 18 years old and a dependent of your parents. The process involves legal steps and may require court approval for name changes. Here's what you can consider:

Name...
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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Texas, as in other states, the agreement to claim a child on taxes alternating years is a common arrangement. However, the requirement to split the tax return or any refund with the other parent is not automatically implied by this agreement and typically must be specified in your custody or... View More

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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Unless and until modified by a court order, you should continue to follow the prior agreed order that you each claim the child every other year.

The facts you have stated in your question may be relevant in a suit to modify the prior agreed order. But until a judge signs a new order,...
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the requirements to meet Common Law Marriage in the state of Texas?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

1. There must be an agreement between the parties to be married;

2. After the agreement, the parties must live together in Texas as spouses; and

3. The parties must represent to others in Texas that they are married.

Alternatively, the parties may file a written...
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1 Answer | Asked in Estate Planning, Family Law, Adoption and Probate for Texas on
Q: My uncle adopted me as his son in 2008 in Turkey. And he was a US Citizen. Now he passed away and his wife kicked me out

J

Isaac Shutt
Isaac Shutt
answered on Jan 28, 2024

Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.

If your father had a valid last will and testament, it's possible he gave...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: I received a harassment cease and desist letter from the police dept. Do they expire or have a statute of limitation?

Before my divorce, my then wife left me a note on my door one day telling me to no longer contact her for any reason. She blocked my email, phone number, and all social media accounts. One day, I sent a message to the only social media account she hadn’t blocked me from, one that she hadn’t... View More

John Cucci Jr.
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answered on Jan 27, 2024

Sorry to hear your troubles.

While there is no real time limit on a cease and desist, letter from the police, you should take it seriously.

If you need to contact her for a legal reason, you should hire an attorney to do that. If you can not afford one, you should call the police...
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1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a 3 year old son whose biological father is not on his birth certificate.

Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive... View More

2 Answers | Asked in Family Law for Texas on
Q: How do I find a lawyer that works in Indiana and texas
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

Most lawyers list the states and federal courts where they are licensed to practice on their CVs and in their directory listings. In Justia, you will see this at the top of their profile immediately to the right of their profile photograph.

Dual state licensing isn't particularly...
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2 Answers | Asked in Family Law for Texas on
Q: How do I find a lawyer that works in Indiana and texas
Tim Akpinar
Tim Akpinar
answered on Feb 1, 2024

Lawyers usually list the jurisdictions they're licensed to practice in on legal directories like this one or resources. Some directories are searchable by those parameters. That might be an uncommon combination though, as those two states are not contiguous. If you can't find that... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John J. Kappel
John J. Kappel
answered on Jan 25, 2024

I agree with the other lawyer's answer. Additionally, if this property is designated as a homestead, which would normally be the case if this is your primary residence, he would not be able to sell it without you approving the sale even without standing orders being in place. Texas homestead... View More

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband bought our home before we met. A few years ago we refinanced in both of our names. Can he sell the house

He has filed for divorce but I haven't been served. Married 9 years in July. Again... My name is only on the refi

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

Most family courts in Texas issue standing orders when a divorce case is filed which prohibit both spouses from doing certain things during the pendency of the divorce case which usually includes selling a marital residence without prior court approval. Even though the home is his separate... View More

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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Hello I am reaching out here to enable a divorce to end an 17 year marriage with a 13 year kid. Need some insight

We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on

1. Both of us earn almost equal from our employers with a 10% higher on my ends

2. Both have almost equal savings and retirement accounts

3. We have a... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

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

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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2 Answers | Asked in Family Law for Texas on
Q: Am I able to take my son back to Cali with me

We’re not married, no custody order in place, he has bad anger issues and will scream and slam doors etc, right in front of our son. And I’ve had enough but all my support and family is in California.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 19, 2024

As long as there are currently no court orders in place requiring the child to remain in Texas, you are able to travel/move with your child as you determine is in the child's best interest.

If there is domestic or family violence in the situation, you should consider putting a...
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