Victor Anthony Rivera’s Answers

Victor Anthony Rivera

Denton Family Law Attorney.

Contributor Level 10
  1. Do previous child support orders stay in effect until the new order date?

    Answered almost 2 years ago.

    1. Vicki Elaine Wiley
    2. Victor Anthony Rivera
    3. Bobby Dale Barina
    4. Estelee Gum Garrison
    4 lawyer answers

    It truly depends on the wording of the court order. If the new child support amount is not supposed to go into effect until December 1 then the AG's office is wrong. However, if the new rate is effective immediately and the order was entered before the November 15 withholding, then the AG is correct and the father has overpaid. This overpayment will remain on his account and will be settled up in the future.

    2 lawyers agreed with this answer

  2. Child Custody, name change

    Answered over 5 years ago.

    1. Victor Anthony Rivera
    1 lawyer answer

    This question lacks information to completely address your concern. To begin with, do your parents have legal custody of your child? Is there a court order in place naming them as the child's legal guardians? Have you lost your rights over the child? In other words, have your parental rights been terminated? If your rights have been terminated and your parents are the new legal guardians, then can petition the court to change the child's name. The name can only be changed if 1) the child's...

    4 people marked this answer as helpful

  3. Family law: Thursday - Visitation

    Answered over 5 years ago.

    1. Victor Anthony Rivera
    1 lawyer answer

    Thursday night visits only occur when school is in session. Thus, if tomorrow is the last day of school, your ex-wife cannot exercise her Thursday night visitation since there is no school on Friday. The summer visitation schedule will start effective tomorrow after class is let out.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. How do i get primary custody of my child.

    Answered over 5 years ago.

    1. Victor Anthony Rivera
    2. Anita Cowley Savage
    2 lawyer answers

    Getting primary custody of a child is very subjective. It will depend on what county your case is in and who the judge is. You can present your case and reasons why custody should change but that does not always guarantee that the judge will see it like you do. Please understand that in Texas, the judge is required to determine what is in the "best interest of the child." Since the child is only 5 years old, the child will not have a say in this matter. The judge will have to base his/her...

    3 people marked this answer as helpful

  5. How can I find a lawyer in Richardson area to help with enforcement of spousal Support (court ordered).

    Answered almost 2 years ago.

    1. Andrew Davis Oostdyk
    2. Mark Anthony Cohan
    3. Victor Anthony Rivera
    3 lawyer answers

    If your finances are still an issue, you may want to contact Legal Aid to see if they can help you out. Otherwise, you can find many good attorneys here on AVVO or by checking the local Bar Association website. For instance, Grayson County's Bar Association website is located at http://www.graysonbar.org/. Most attorneys in the D/FW area are capable and willing to handle a case in Grayson County so you do not have to limit yourself to a Grayson County attorney. However, having local counsel...

    1 lawyer agreed with this answer

  6. My ex-wife and I have been separated for the last 5 years, and the Police will not leave my family alone while looking for her.

    Answered almost 2 years ago.

    1. Larry Dean Bloomquist
    2. Vicki Elaine Wiley
    3. Victor Anthony Rivera
    4. Johnna Michele Teal
    4 lawyer answers

    I agree with Vicki. Are you separated or divorced? There is a difference. Texas does not recognize legal separation, you are either single or married. If you are in fact still married because you never filed for divorce, then the police can continue to look for her because she is married to you. The best thing you can do if you are still married is to file for divorce. Once divorced, you will have more of a leg to stand on when complaining to the authorities. Now, if you have been legally...

    1 lawyer agreed with this answer

  7. In Texas, if a spouse does not want to sign a divorce paper, can I still get the divorce?

    Answered over 5 years ago.

    1. Victor Anthony Rivera
    2. Christopher Michael Schmiedeke
    3. Edgardo Rafael Baez
    3 lawyer answers

    The plain and simple answer is yes. However, how you proceed with the divorce will be based upon if she provided the court with an answer to the lawsuit. If she has failed to answer the lawsuit, you can proceed with a default divorce. You will need to schedule a prove-up with the court. If she answered the divorce but now refuses to sign the divorce papers, you will need to have a final hearing to allow the judge to finalize the divorce. She would have to be notified of the final hearing to...

    2 people marked this answer as helpful

  8. Can I get probation for a first degree felony of identity theft?

    Answered over 5 years ago.

    1. Robert Sterling Guest
    2. Victor Anthony Rivera
    3. Robert Hampton Tuthill
    3 lawyer answers

    Unfortunately, I cannot answer this question directly because there is no way of knowing what a particular judge will do in a particular case. Community Supervision in Texas is governed by the Code of Criminal Procedure, Article 42.12. It states that a judge, in the best interest of justice, the public, and the defendant, after a conviction or a plea of guilty or no contest, can suspend imprisonment and place the defendant on community supervision. So, it will be judge's discretion. A...

    1 person marked this answer as helpful

  9. Can I clear my criminal background while on probation?

    Answered over 5 years ago.

    1. Joseph Francis Hoelscher II
    2. Robert Hampton Tuthill
    3. Jordan Elliott Lewis
    4. Victor Anthony Rivera
    4 lawyer answers

    The previous attorneys are correct. If you received straight probation, that means you were convicted of the crime but instead of going to jail you were put on probation, then you cannot have your record expunged or sealed. If you received deferred adjudication, which means that you have NOT been convicted of the crime, and if you successfully complete the deferred probation, you can request a Petition for Non-Disclosure. You, unfortunately, cannot request an expunction. You will have to wait 5...

    1 person marked this answer as helpful

  10. What are my parental rights as a surviving spouse to my stepchild?

    Answered over 5 years ago.

    1. Victor Anthony Rivera
    2. Patricia Faye Bushman
    2 lawyer answers

    I am sorry to hear about the loss of your wife. Please understand that although you have formed a bond with your stepson, you do not have any automatic legal rights to him. However, if you can meet certain criteria set out in the Texas Family Code, there may be a chance to file a lawsuit requesting that you be granted rights and duties over this child. You need to refer to Texas Family Code section 102.003 which establishes who can file a lawsuit regarding a child. In this section,...

    1 person marked this answer as helpful