me and my girlfriend issued the marrige licenes before 4 months and it didn't work out between us for many reasons, long story short, we didn't do any ceremony and its showing in the website that the marriage license is expired after 30 days but I...
Avvo makes us type in at least 35 characters even if the correct answer takes less than that, so here you go.See question
He is Air Force Reserve and is trying to get custody of his oldest daughter and I am worried he will try to come after my baby. How can I protect myself from that are be able to get some kind of help from him for the baby?
First of all, on these facts, he's not going to get custody from you. But here is the most important advice you will get: Make absolutely sure that you live where you want to live BEFORE the baby is born. In other words, if you are in the San Antonio area but your family is more than one county away, move to where your family is BEFORE the baby is born. Once the baby is born, it is very common (although does not always happen) for the court to order that the baby cannot be moved out of the current county or surrounding counties. Lots of mom's get stuck in places they don't want to be because of this.See question
My husband got main guardianship to his second son when he turned 13 & still kept paying child support for the oldest until he turned 18; the eldest turned 18 on 8/19/14: graduated from school in June of '14. Now we have been going back & forth an...
You should hire a private attorney right away. Private attorneys have the ability to get this fixed relatively quickly. The AG can fix it administratively, but you need to be patient when working with them. You will also be able to file a motion to collect the excess child support, but it is hard for those motions to result in actual cash being placed back in your pocket.See question
i was told by a non lawyer his is his and not split.
It depends on where the money came from. If all the money was earned during the marriage, then it is community property and subject to being split. There is no guarantee of a 50:50 split, but that is a common way that it is done.
If the money was there PRIOR to the marriage, then there are other more complicated rules that determine whether the money is community property, which can be divided by the court, or separate property, which cannot be divided, or a mixture.
If the money came from selling a separate property asset (e.g. you sold your childhood thimble collection), then the money is separate. It is also separate if it was acquired DURING the marriage by gift or inheritance.See question
Mother is unfit and my son wants his daughter
Please see my other response to your question.See question
Mother is unfit and mother's boyfriend threw my granddaughter aggressively on the bed. My son wants his daughter
If there is no court order, then absolutely yes, unless doing so would cause a disturbance of the peace. He could just go get her from school, although school's can be tough to deal with.
If she has not been with the grandmother for at least 6 months, then he could file a motion for a writ of habeas corpus, serve grandmother, and get his child that way. If it has been less than 6 months and the grandmother does not file a custody action for some reason, the court is almost definitely going to order the child back to the father. The court can deny a parent a writ of habeas corpus is the child has been with the non-parent for 6 months or more.
So there are two ways: Just go get her or file for a writ of habeas corpus.
Good luck!!See question
my sister is homeless with her four Kids she literally said she was glad to be dragging her kids around I offered for her and her kids to come and stay until she get on her feet she is struggling and she needs help
If there are no orders in place regarding the children, you can file an original suit affecting the parent-child relationship. Your standing (right to file the lawsuit) would be under section 102.004(a)(1) of the Texas Family Code. If there are orders in place, you might have to file an intervention, depending on the current procedural posture of the case (active, inactive, etc.).
If the children's circumstances are sufficiently horrific, you can ask the court for a temporary restraining order that would allow you to take the children into your home very quickly.
Interfering with a biological parent's rights can be tricky business in Texas, so be sure you get a good family law attorney to do this for you.
Good luck!!See question
The custody was done in California, but child support is still through Texas. I have had the child since the end of May, will I also be given back child support paid while having primary custody?
Contact the Texas AG's office and tell them what's going on. I suppose mom and the child lived in CA during the original proceedings but you lived in TX, which is why custody is in a CA order and child support is being handled in TX.
Alternatively, you can hire a private attorney in TX to take care of this faster AND transfer the entire case to TX as long as the child has been living in TX for the past 6 months.See question
Me and my soon to be ex husband want to have a parenting plan that doesn't have a set schedule for times or days. This is because we get along and never have issues with when we want the child or if the child wants to go with either parent . Also ...
Without specific dates and times, the order is not enforceable. If a judge happened to sign such an order, nothing would prevent either parent from taking the child and never letting the other parent see the child again. One of the most common laments I hear from people who come in my office after the divorce has been done a while is, "We got along sooooo well until BLAH happened."
The smartest thing to do is put in a standard possession order. Remember that the most important sentence in the possession order says that the parents can share time in whatever way they can agree, but when they can't agree, follow these rules. In other words, the standard order gives you the flexibility you want and the legal protection you need.
Good luck!!See question