If your question is whether your husband can legally tap into your 401k during the pendancy of the divorce, the answer is no, if there are standing court orders enjoining such behavior. Dallas and Collin County have such standing orders. My best advice is to use liquid community monies first for legal expenses or reasonable and necessary items, If attorneys fees are an issue, you may have to request an interim attorney's fees hearing to gain clarification.
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Even if your child asks to stay with you, you always must return the child pursuant to your court order for access, or parenting plan. Never put children in the middle by asking them where they prefer to live- especially at the age of five years old. If you do plan on modifying and asking for primary conservatorship of your daughter, then you need to file a Motion to Modify and you should consult an attorney in order to do so.
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You need to show the Court that your son has actually resided with you in the past two years. Residency can be proven through collateral sources such as school records, doctor's records, and neighbors or close family friends' testimony that you have been your son's primary care provider in the past two years. I suggest that if you cannot locate your son because your son's mother withdrew him from school, that you establish that you have the right to possess him as primary managing conservator...
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You are in a precarious position- vulnerable as a pregnant mother and newly married. If this is your husband's behavior, it is "as good as it gets." You need to understand that violence is not just physical. It is emotional, and your husband's unmedicated bipolar disorder only fuels the fire. You need to keep a good journal of his actions. You need to make a police report if you feel threatened by these outbursts, and most importantly you need to have a safety plan. Call local domestic...
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You need to modify your custody order so that it reflects reality. Unfortunately, while you may have an argument for an offset of child support for actual possession, as long as the order is in place that requires you to pay your ex, you must fulfill your obligation to pay child support. I highly recommend seeking an attorney to help you with this process.
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Because your wife's mother is living in another state, you need to inquire with an attorney from that jurisdiction and specify where the child's home state is. The home state determines what law governs. As far as Texas law, if a grandparent is a joint managing conservator with a bio parent, and the grandparent has actual care and custody of the child, they may seek child support from the biological parent. If there are no orders in place, you should encourage your wife to establish orders.
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Clearly your wife has no business being in possession of your two children, given the background that you described riddled in crime and instability. You need to file for divorce, have her served and memorialize the agreement/order in a Final Decree of Divorce. That being said, the "cheapest divorce possible" is a tough question. Because the Attorney General is involved as a party, I recommend getting legal advice as they are likely a party to the divorce, which sometimes may complicate...
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You need to answer some questions: a) whether the biological father is deceased; b) whether the biological parents had a CPS removal of the kids; c) whether there is a substantial risk to the safety and welfare of the child at issue so that "the child's present circumstances would significantly impair the child's physical health or emotional development; or both parents, the surviving parent or the managing conservator or custodian either filed the petition or consented to the suit." If the...
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The short answer is no. There is no proprietary privilege to your invoices and bank statements to customers. Your ex is entitled under Texas law to know what your net resources are under the law, which amount to all income you have from any sources. She can send discovery to obtain such information regarding your plumbing company's assets, accounts receivable and your monthly income to determine the percentage that you owe her. I suggest that you consult an attorney to defend any action to...
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First of all, I would ask what "relapsed" means. Usually this references drug or alcohol use. Assuming that your mother has a substance abuse problem, you definitely need to get your daughter out of that situation. However, if I am misinterpreting this question, and your mother is simply unable to take care of your daughter, and you want to take care of your daughter (provided that you and your mother agree), then you can pick your daughter up. That being said, the following are some...
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