Brian Michael Andrade’s Answers

Brian Michael Andrade

Plano Divorce / Separation Lawyer.

Contributor Level 7
  1. If a divorce mediation has been filed with the court, how can it be modified?

    Answered 12 months ago.

    1. Natalie Gregg
    2. Brian Michael Andrade
    3. Mary Katherine Brown
    3 lawyer answers

    The responses on this inquiry are spot on. If you have serious and legitimate concerns for the welfare of the child then you need to pursue some of the options mentioned above. Work with your attorney and make sure you stay informed on the CPS investigation. The CPS determination could make all the difference.

    4 lawyers agreed with this answer

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  2. What do I do if I need an attorney but can't afford one?

    Answered about 1 year ago.

    1. Brian Michael Andrade
    2. Rixon Charles Rafter III
    3. Kathleen Rolston Robbins
    3 lawyer answers

    Look around for pro bono services, Texas has legal-aid options as well as reduced cost services such as City Square. However, lots of the legal aid and reduced cost services have strict qualification guidelines for their services. Also consider looking for an attorney that can work with you on a payment plan. Lots of attorneys will take a case with a down payment and a payment schedule.

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  3. Please help me i have no income and i want to relocate to maryland with my son who is a year old and was born in texas.should i

    Answered over 1 year ago.

    1. Brian Michael Andrade
    2. Thomas James Daley
    3. Judy A. Goldstein
    3 lawyer answers

    When you file for divorce there is a section that addresses the residence of the child. This section usually limits the area or areas where the parent can move with the child. Therefore, if you are wanting to move you will need to make sure that you are not restricted from doing so. Generally courts restrict children to an area where both parent's have access, so if you want to move out of state, you will likely need the help of a family law attorney.

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  4. How do I file a motion for a TRO against my ex-wife to keep her from taking my daughters and moving five hours away?

    Answered 12 months ago.

    1. Brian Michael Andrade
    2. Christopher Paul Rodriguez
    3. Kathleen Rolston Robbins
    3 lawyer answers

    Assuming your decree has a geographic restriction, you will need to file a motion to enforce rather than a TRO. Also, decrees often require notice before moving. If you suspect your former spouse is moving and notice hasn't been provided you can begin your motion to enforce there. Motions to enforce are complicated and require an experienced attorney to ensure everything is done correctly.

    2 lawyers agreed with this answer

  5. My husband took our children to visit relatives out of state. I am now concerned he will not return them. What do I do?

    Answered about 1 year ago.

    1. Matthew John Hill
    2. Brian Michael Andrade
    3. Kathleen Rolston Robbins
    3 lawyer answers

    If you have a court order setting out your possession periods and he is currently violating the order, then you have some options civilly as well as criminally. Consult an attorney to see if the situation can be resolved without the involvement of law enforcement. Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person takes or retains a child younger than 18 years of age: (1) when the person knows that the person's taking or retention violates the...

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  6. Can I move out at 17 if my mom kicks me out and not be forced by the police to go back home?

    Answered about 1 year ago.

    1. Bryan L. Walter
    2. Brian Michael Andrade
    3. Kathleen Rolston Robbins
    3 lawyer answers

    Provide some more information so a better answer can be provided. Why do you need your rights transferred from your mom to grandma or someone else? If everyone is in agreement, it's a simple relocation, but if you have some pending legal actions or have a specific need to have rights transferred you need to state that here before a proper response can be provided.

    2 lawyers agreed with this answer

  7. Can I get court ordered custody agreement changed if I feel endangered?

    Answered about 1 year ago.

    1. Matthew John Hill
    2. Brian Michael Andrade
    3. Mary Katherine Brown
    3 lawyer answers

    A local attorney can provide some options for you. Including modifying the orders to limit who can be sent as a "competent adult". Making the change will have a high burden if you haven't had more proof than a "feeling", therefore I'd recommend having an attorney contact the other party and see if an agreed modification can be reached excluding the brothers without the necessity of court. If that's not possible, request a modification to the pickup location, have it moved to a local police...

    2 lawyers agreed with this answer

  8. I have a trail coming up in may, what chances do i have with my case

    Answered over 1 year ago.

    1. Brian Michael Andrade
    2. David Alexander Browde
    3. Peggy Margaret Raddatz
    3 lawyer answers

    More information is required to formulate a complete response, but the basics of child support are contained in the Texas Family code under Sec. 154.001. SUPPORT OF CHILD. generally for one child you are entitled to 20% of the fathers income, minus certain with holdings and subject to the number of children he is supporting. In addition to general support, you raise some interesting issues regarding child support, such as unrecorded payments and intentional under employment. Proving this...

    2 lawyers agreed with this answer

  9. How do I file a counter petition for divorce

    Answered over 1 year ago.

    1. Jordan E. Watson
    2. Brian Michael Andrade
    3. JaPaula C Kemp
    3 lawyer answers

    A counter-petition is one of the options available to a party that was served a petition for divorce. generally, you file a counter-petition when you are seeking divorce on separate grounds or are protecting your other rights. If you decide to file on your own, review the requirements for filing a petition in the Texas Family code. § 45.102. REQUIREMENTS OF PETITION. It's always best to consult an attorney, it's difficult to know whether a counter-petition is the correct response to file...

    2 lawyers agreed with this answer

  10. Is it legal for attorney to do this? Contradicts court order. What do I do about this? Can attorney get in trouble?

    Answered over 1 year ago.

    1. Brian Michael Andrade
    2. Carmen Rosita Rojo
    3. Thomas James Daley
    3 lawyer answers

    Don't focus on what the other party and attorney are doing. Focus on what you can do. As the attorney above stated, provide a certified copy of the orders to the school, the orders will certainly carry more weight than the letter from the other party's attorney. Keep in mind, mistakes are made by everyone, not all mistakes end up in discipline for attorneys. Focus on your rights, but if the behavior keeps up, then seek an attorney to assist you with addressing the behavior of the...

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