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Heidi S. Whitaker

Heidi Whitaker’s Answers

89 total


  • If I'm a 15 year old girl in Texas can I have a long distance relationship with a 19 year old guy in Texas?

    we live in different towns and don't have each others addresses

    Heidi’s Answer

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    As the other attorney stated, you may be in line for a statutory rape charge for one of you if the relationship becomes intimate. How did you meet this guy? How much do you really know about him? If you met on-line, have you done anything to verify that he is who he says he is? Approach any relationship, but particularly one where there is a large age, distance or other gap with extreme caution.

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  • Can he do this from prison are have any right's?...are can he have his family do whatever they want without the mother consent?

    I live in Texas and Ive been with my girlfriend for almost 2years and her EX/ father of 2 of her kids is in prison from selling drugs he has 25 years in FEDS he keeps sending letters threating my girlfriend because my girlfriend won't let his sist...

    Heidi’s Answer

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    If there are orders in place regarding the children, then your girlfriend should hire an attorney and file for a modification. If there are no orders, then your girlfriend should file to establish orders. Given the prison term for the father, she may want to discuss terminating his parental rights to allow you to adopt the kids. If the father's relatives are doing things that put the kids in harm, she may be able to get an injunction to limit or prevent the family from reaching the kids. Put all information in front of an attorney to decide the appropriate actions.

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  • In the state of Texas, can a dad that has a disabled son he cares for at home, continue child support?

    My fiancee and I had a child at 25 wks premature 2 yrs ago. Since then he has been deemed disabled and we cannot afford to put him in a special facility. My child also has health issues so being in a regular daycare will do more harm than good. My...

    Heidi’s Answer

    • Selected as best answer

    There is no ADA law that puts your child's needs above the needs of your fiancee's other three children. He should file for a modification of child support for the other three children based on the fact that he now has your child to care for and the fact that he is not earning an income. The court is likely to base his child support to the other three children on minimum wage, but that may reduce his responsibility to the other mothers.

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  • How do I support the need for an emergency visitation order and can I switch my jurisdiction to TX where my son and I live.

    My ex has a history of domestic abuse toward me and has anger issues. He has not seen our son for 10 months. He lives in MI and my son and I live in TX. We have not had an evidentiary hearing or received our FOC evaluation results. The MI court ju...

    Heidi’s Answer

    You state that you and your son have lived in Texas for over 6 months. Find an attorney and put the facts in front of that attorney. The attorney should help you file for emergency protection in Texas, and for a transfer of jurisdiction.

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  • Question? Ok My mother died in 2000 and I'm the only child so I had a succession did cause my mother and father had a divorce?

    the divorce was done in 1994 and all property was serparted she got one house my father got another, the house she got i have thru succession in 2000 in louisiana, In 2002 i moved in Houston,Tx at that time my dad was living in the house he was aw...

    Heidi’s Answer

    You really need to consult with a probate and real estate attorney in Louisiana. The lack of paperwork may make your situation more messy than it needed to be, but I question whether your father ever claimed an ownership interest in the Louisiana home after the divorce.

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  • Can someone sue my wife & I,live TX from PA if car wreck is from a driver thats not permitted 2 drive the carfrom one the owners

    My wife & son (age 25) own a car together my wife Linda lives in TX my son is moving to PA, car is registered in TX. My wife told our son no one is to drive the car but him. Its not transfer at this time. But our son we found out is letting others...

    Heidi’s Answer

    All of the other attorneys have addressed the question as if your son has equal right to allow others to drive the car. With the car registered to both your wife and your son, this might be a fair assumption. If you are concerned about who is driving the car, you can register the car solely in your son's name - giving him full authority over the car, but also full liability to your son in the event of a wreck. You also can draft a contract whereby your son must indemnify you for any loss so long as your wife and son jointly own the car. If you do this, you should consult an attorney to ensure the indemnity agreement is enforceable.

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  • What if my brother passed away and he still owed on his car note. They were going to reposses the vehicle.

    The insurance on the car had been cancelled since he passed away. The owners where the car note was held said we may have to pay for damages incurred in the reposession. Is that true. He didn't have anyone as the beneficary.

    Heidi’s Answer

    Unless an heir wants to keep the vehicle and assume the note, the bank would have little choice but to repossess the car. If the estate has assets, the bank may force a probate in order to collect any deficiency in the value of the vehicle to cover the note balance and the costs of repossession. It is to your benefit to make it easy / less expensive on the bank by arranging the turnover of the car. If there are assets, you should consult with a probate attorney.

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  • Call from supposedly law firm on check/bank fraud

    the woman said her name is michelle and that she is from a Houston law firm and that I have I have check /bank fraud and since I haven't gotten a hold of them that they will be sending my information to the sheriffs department in my home town. the...

    Heidi’s Answer

    There have been a number of scams lately with people posing as debt collectors (lawyers or otherwise) and claiming that if you don't make a payment on a debt - whether you actually owe that debt or they only claim you owe it - that they will turn it over to a sheriff with a warrant for your arrest. These scam artists apparently are scaring many people into paying. First, collecting a debt is a civil matter. The sheriff is not going to arrest you based on a debt collector's word. Second, if something has happened where you have written a check with insufficient funds (intentionally or otherwise), go to your bank and the company / person to whom the check was written and negotiate to make the check good and pay any fees. Do not call the purported firm back because if it is not a scam, then it is an unethical entity. A lawyer cannot threaten criminal prosecution to scare you into settling a civil debt. There may indeed be the possibility for criminal prosecution if nsf checks have been written, but that is a separate matter from attempting to collect "civilly."

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  • Can an insurance company send a check for overpayment of claims and call it a mistake after the check is already cashed?

    a check was sent to me in August 2012. it went unnoticed by me for the duration of that year. I got a reminder from the insurance company in february 2013 that the check was still out there and not cashed. they wanted to know if i needed it repla...

    Heidi’s Answer

    The length of time that you had the check in your hands is not relevant to whether the insurance company may properly request a return of the funds. The question turns on what the funds are reimbursing and the reason the insurance company believes the check was for too much money. If you believe the check was for the correct amount, take all of your paperwork to an attorney and have them review the situation. Do it before the 45 days elapse so that you are protected in case you challenge the situation.

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  • Moving from atlanta to Dallas for a short term of 4-5 months.

    Do I have to change my car registration to Dallas and get a new insurance and drivers license here. If I do it, I need to reverse it when I go back to Atlanta from Dallas. Please help me.

    Heidi’s Answer

    • Selected as best answer

    As the other attorney stated, check with your insurance carrier or agent regarding the coverage while living away from home on a temporary assignment. Generally speaking, if you know that you are not actually moving your residence, but merely on an assignment with a reasonably definite end point, you should be able to keep your driver's license, registration and insurance as it is with your Georgia address as your residence. Think of a college student residing in another location for 8 months of a year. Their registration, license and insurance properly remains based on their residence address. In your case, your actual place of domicile is not changing, just your temporary housing location.

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