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Cynthia Elaine Palmer
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Cynthia Palmer’s Answers

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  • If someone got married in mexico and want to get a divorce in the U.S and both live here what should they do

    they have two kids and they both agreed to get a divorce can they consult a lawyer from Texas to process a divorce even though they are illegal

    Cynthia’s Answer

    Regardless of where the marriage was performed, Texas residents can file for divorce in Texas in their county of residence. You must have lived in Texas for the preceding 6 months and the county you are filing the divorce for 90 days prior to filing the divorce.

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  • Can my husband go to jail for not following a court order?

    my husband missed his court date due to his exs lawyer sending papers to a wrong address, now his ex is telling him that he needs to go with the new modifications, the issue here is that we have not received anything that lets us know what happene...

    Cynthia’s Answer

    • Selected as best answer

    It is possible in Texas for a person to be jailed for contempt of court for failing to abide by a court order. The court's generally reserve confinement to jail for serious child support arrearages (unpaid back child support); however, it is within the court's discretion to confine a party for any other contempt charges brought by the other party or on the court's own motion. There would need to be an order signed by the court ordering your husband be confined before any action could be taken. You should go to the clerk's office and request copies of all of the recent pleadings and orders in his case so that you are fully aware of what has been requested and what the court has granted. The clerk will also be able to provide any upcoming court dates. As for the Motion for New Trial, it not only needs to be filed but set for a hearing before the court. Once the hearing is set on the motion, you will need to send notice to the former spouse or her attorney. The court will need to make a ruling on the Motion for New Trial.

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  • Which date is valid on a child support order?

    I went to court and retained custody of my son because his mother was sent to prison. My CS order was terminated by a judge on MAR 19. The judge signed the final order on APR 24 but stated at the bottom of the order judge said..ORDER SIGNED APR2...

    Cynthia’s Answer

    The judge rendered his order regarding the child support on March 19th, therefore the March 19th date is valid for the termination of the child support obligation. The April 24th order references that date and affirms the March 19th date as the date child support ceased. You may have to file a motion to terminate child support obligation and enter a separate order with the original March 19th cessation date in it. The Attorney General's office will need to be provided a copy of the order terminating child support. It is unlikely that you would be able to recoup any of the payments made, but the judge can address that issue as well.

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  • Interstate custody battle in NM & TX, unfit father has child in TX while mother had to come back to NM

    My sister & her exboyfriend had a child together in Alb. A month ago, they moved to Amarillo. She left him a week ago. They had an argument when she packed up to leave. He took the baby out of the car & refused to give him back. The fight escalate...

    Cynthia’s Answer

    Per the Texas residency requirements, the child would still be a resident of New Mexico and the mother of the child could file for custody in the New Mexico courts. The first step is to file the petition to determine custody in New Mexico and request the court to determine where the child should live as well as determine whether the chidl should be immediately returned to the mother in New Mexico. Due to constitutional and statutory requirements, if New Mexico issues a child custody order Texas will honor the New Mexico order. I believe the mother of the child should take immediate legal action in New Mexico if she believes the child is in danger in the custody of the father. Additionally, if there is abuse or neglect suspected regarding a child, Texas requires that a person report that abuse or neglect to the Texas Department of Family and Protective Services. The toll free number is: 1-800-252-5400. The child protective services worker can check on the welfare of the child and if necessary remove the child from the care of the father.

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