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2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My grandpa passed. We couldn’t find will to probate. Two years later my gma passed with a will. We have found grandpas

Will that states he gives everything to my grandma. Do we still need to probate his will if there’s only one estate?

T. Augustus Claus
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answered on Feb 9, 2024

Even if your grandfather's will only leaves everything to your grandmother, and she has since passed, it's still advisable to probate your grandfather's will. Probating his will can ensure that his assets were legally transferred to your grandmother, which can then be properly... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: New court date to show insurance under my name. Got pulled over before court and hit with another no insurance. what now

Went to my first court date late January and the judge gave me until April to show an insurance policy under my name. 1 week later I got pulled over again with no insurance and have another court date before April. What can I do?

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answered on Feb 9, 2024

Facing a second charge for driving without insurance before the deadline to present proof of insurance complicates your situation. In Texas, driving without insurance is taken seriously and can result in fines, surcharges, and potentially even license suspension. For your upcoming court date,... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband is planning to tank my credit.

My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.

In a divorce, if the house is community property, the...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: I am a Pro se filer. I have filed everything thru responding to Defendants answers. Is the next step going to trial?

I have filed a civil suit against my 3 former business partners for 18 counts of violating our Articles of Incorporation and 8 counts of Member Oppression. I had invested my money, not getting paid until we were cash-flow positive, one partner hired 2 of his friends, paid them from day 1 when I was... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

After the first Defendant's answer is filed, you must make your mandatory disclosures under Rule 194 within thirty days. Then, the discovery period begins and lasts nine months during which any party may take depositions, serve written requests for admissions, requests for production, and/or... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Water is allocated @ property & management is knowingly letting non tenants use & charging tenants.
T. Augustus Claus
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answered on Feb 7, 2024

In Texas, if property management is knowingly allowing non-tenants to use water that is allocated for the property and then charging tenants for this usage, it may be considered a violation of the tenants' rights under Texas law, specifically regarding utility billing and the allocation of... View More

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: As Power of Attorney for my mother, am I liable for charges for her stay in a nursing home?
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.

While a POA might authorize you to write a check from your mother's bank...
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2 Answers | Asked in Tax Law for Texas on
Q: Hello, can the City of Houston purchase a tax lien land that our father had that we wasn’t aware of and never notified?

Our father passed in 2005, and before he passed he was in a nursing home for a few yrs, so he never told us he owned the land he lived on before going into the home. I recently ran across a case filed in 2009 after his death where the City of Houston sold or bought the land due to a tax lien, but... View More

James L. Arrasmith
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answered on Feb 22, 2024

It's indeed possible for the City of Houston, or any local government, to purchase or take over land due to unpaid property taxes through a process known as a tax lien sale. When property taxes go unpaid, the city can place a lien on the property and eventually sell that lien to recover the... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
James L. Arrasmith
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answered on Feb 24, 2024

To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to... View More

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2 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Texas on
Q: If I was pulled over for no front license plate (which I had) Can a police officer lie on the report (stop and go)

He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

A police officer can indicate on a traffic ticket or police report any offense observed or reported to the police officer and is not limited to a single offense even if he tells the driver that a particular offense is the reason for the initial stop.

A front license plate bearing the...
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2 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Texas on
Q: If I was pulled over for no front license plate (which I had) Can a police officer lie on the report (stop and go)

He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal

James L. Arrasmith
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answered on Feb 25, 2024

No, it is generally not legal for a police officer to lie about the reason for a traffic stop in the police report.

If you were pulled over under the pretense of not having a front license plate, but you actually had one displayed, then the legal justification for the original traffic stop...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I'm an American Citizen and had 2 kids in a foreign country. My oldest was approved for a CRBA but my youngest was not.

Is there something I can do to appeal this decision?

James L. Arrasmith
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answered on Feb 6, 2024

Yes, there is a process for appealing the decision if your youngest child's application for a Consular Report of Birth Abroad (CRBA) was not approved. The U.S. Department of State, which handles CRBA applications, allows for the review of decisions that applicants believe were made in error.... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I work Uber,lift, doordash as part-time while my I140 and I-485 pending?

As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.

I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.

I recently received a new EAD card under the C09P... View More

James L. Arrasmith
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answered on Feb 5, 2024

With your new EAD card under the C09P category, resulting from your pending I-485 Adjustment of Status application, you are granted the flexibility to work in the United States without being restricted to your current employer who is sponsoring your green card under the EB3 category. This EAD is... View More

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1 Answer | Asked in Contracts for Texas on
Q: My daughter signed a contract with a used car dealer that does not show any finance charges. Is this legal?

It looks like the dealer asked for a huge down payment and used this as a finance charge. I have the contract to verify

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

If your daughter is 18 years of age or older, it is legal for her to sign such a contract. The parties to an arms-length transaction like this can agree to whatever down payment they negotiate and can agree to an installment contract with no finance charges. It likely will be very difficult to... View More

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