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Thomas E. Trahan's Answers
- 64 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Is there a form I can use to answer a petition to modify parent-child relationship
Resources for the help you need are available in almost any county courthouse. In Collin County, Texas, the law library in the courthouse in McKinney, Texas, will have a form book with the form you need. The librarians understand the problems you face representing yourself and they will help you, but they cannot give you legal advice (because they are not lawyers.) The courthouse is on Bloomdale Rd. in McKinney. There is a website for the Collin County District Courts and the Collin County...
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Attorney answers:
Can I sue two physcians for something that happen in 2004 2005?
Texas has a very strict statute of limitations in medical malpractice cases limiting lawsuits on anything more than two years old. The only exception has been items left in a patient during a procedure (such as a sponge during surgery) that is discovered more than two years after the procedure occurred. You should consult with a specialist in personal injury trial law - medical malpractice.
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1
Attorney answers:
Besides hiring a lawyer, what do you do to prepare before notifying the spouse of filing for divorce.
Familiarize yourself with the rules of divorce. Dallas County District Clerk's website has a downloadable copy of the local orders that will apply as soon as the divorce is filed. Make copies of all important papers and secure all valuable property so that it cannot be removed. Be sure your health insurance is protected and valid. Prepare a plan for letting friends and family know. Prepare a backup at work - divorce is disruptive to efficiency. Finally, think about counseling to avoid it...
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1
Attorney answers:
Is there a legal form for a special arrangment regarding a mortgage?
I assume from your question that your brother and his wife are divorced. If so, there must be a two part answer to your question. The mortgage company is not bound by any agreements other than ones they also sign to modify the original deed of trust (the Texas version of a mortgage.) However, an agreement to modify a divorce is enforceable if signed by all the parties and filed with the Court. A motion to modify the divorce decree may be necessary as well. Consult with an attorney...
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Attorney answers:
Temporary Custody of Nephew
Getting custody away from a parent without an agreement is extremely difficult because in the United States there is a constitutional right for a parent to decide what's best for his or her kids. So, the best option is to get an agreement to appoint you sole managing conservator. If no agreement can be reached, then you will have to prove to the court that the child is in some sort of physical or psychological danger. This is difficult when the child is staying in your home for the time...
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2
Attorney answers:
If I have medical & financial power of attorney for my father am I financial responsible for bills he can’t pay?
In Texas, these documents allow you to act as if you are that other person (as his "attorney in fact.") You are stepping into his shoes and you have the power to act for him. The only liability that you might have is to him if you take an unauthorized action. With a general power of attorney, this almost never happens. You might want to consult with an attorney experienced in probate or estate planning to understand your full rights and duties. Good luck.
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Attorney answers:
How does a spouse get power of attorney when she has altzheimers and totally incompetent. She does not speak, walk, talk
In Texas, a person who is already mentally incompetent cannot execute a legal document such as a power of attorney. Such a person would have a guardian appointed to manage their personal and financial affairs by a probate judge. Guardianship is a responsible position governed by complex rules and court oversight and the counsel of an attorney experienced in probate matters is very important.
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Attorney answers:
Do I need to file for guardianship for older disabled sister with stroke?
Under Texas law you are probably not your sister's keeper. You should know that as her guardian you would have considerable to influence her care in a humane way. But you may also be assuming more than you want to handle. Before you sign anything, you should consult with an attorney experienced in probate law to understand your full rights and duties. Good luck in a difficult situation.
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2
Attorney answers:
Case for libel/slander against a blogger?
In Texas, you will probably have to file suit to use the discovery tools of the courts to obtain the information you need. Unfortunately, you are up against the power of the First Amendment right to free speech and press when dealing with these issues. You may have to pursue your claim in Federal court because Texas courts may not have jurisdiction over a blogger or website outside of the state. Consult with an attorney familiar with libel issues in your area to understand your full rights....
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Attorney answers:
I currently pay child support and I had only one child with my wife know we are having another baby. Will I be eligible to lower
Probably yes. Child support in Texas is figured upon a percentage of your net resources. One of the factors in figuring that percentage is the number of other children for whom you owe support. So, usually the addition of a child to your family will lower the amount you owe on the other child. You will have to file a petition to modify the child support to do so. You should seek an attorney experienced in family law to assist you in understanding your rights.
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