Patrick Allen Wright's Answers

Under TX child custody laws, can a 13 year old decide which parent they want to live with

Assuming that your dad filed a suit for custody if there was no prior order or a motion to modify if there was an existing order and if there are no health or safety issues with living with your dad. In Texas if you are 12 years or age or older and have filed with the court in writing the name of the parent who you want to have the exclusive right to designate your primary residence(where you live) the court will take your wish into consideration. Your choice is not mandatory on the court...

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Common law marriage

I do not believe that this is a hard question if argued right. First, lets look at the two methods of establishing a common law marriage in Texas. (1) execution of a declaration under family code 2.402(Didn't occur in your case) (2) a "three-prong test" requiring evidence to show: (a) an "agreement" to be married; (b) cohabitation" in this state; (c) "holding out" to others that the parties are married. The 2007 tax return will go to the holding out argument and the agreement as she...

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What is the procedure for beginning child custody and support procedures under TX family law

I am sorry to hear that your relationship is ending. The document to file would be a Petition in Suit Affecting the Parent Child Relationship. This assumes that there is presently no order in place. Your girlfriend would need to receive notice of the suit by serving her the papers or she could sign a document waiving notice. The filing fees normally run around $200. There is a presumption in Texas that the judge will give you joint custody. Remember this involves your right to make...

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Is there a court document I can get to force my ex-husband to reimburse me money?

I agree with other attorneys to consult with a family law attorney before you call it quits. Any family law attorney will want to look at the language of the Decree. However, for the amount of money we are speaking about, I don't know any attorney that would take this on contingency. More importantly, even if you get a judgment for the amount, you may just be getting another piece of paper. Many times we say that people are judgment proof in that they have no property that we can seize of...

Not sure what to do I needed a divorce lawyer

I am sorry that you have been unable to speak to the lawyer that you were assigned to. I would contact his office and ask to speak to the lawyer. If the lawyer is not available, ask to speak to one of his staff as has been suggested. Ask that his staff put you on his calendar as a telephone appointment and allow at least fifteen to thirty minutes for the call. If you are on the calendar you need to know if you will call in or if he or she will contact you. Many times lawyers are out of the...

Texas civil procedure, I had to leave a hearing due to illness, can I file an appeal or a new hearing date

I would file a motion for new trial. In a motion for new trial, a party asks the trial court to reconsider and rectify trial error in the courts ruling. The motion for new trial asks the trial court to set aside the existing judgment. A motion for new trial must be filed within 30 days after date the judgment was signed. If it has only been two weeks you should be able to get this on file. The court should sign the motion for new trial order granting or denying the motion within 75 days...

Filing for divorce in TX, spousal support and residency requirements under TX law

Assuming that no family violence has occurred, in a suit for dissolution of marriage the court may order maintenance only if: The duration of the marriage was 10 years or longer, the spouse seeking maintanance lacks sufficient property, including property distributed to that spouse in the divorce and you are unable to support yourself because of one of the following a incapacitating physical or mental disability, is the custodian of a child that requires substantial care because of a mental...