Holly A Schymik’s Answers

Holly A Schymik

Dallas Family Law Attorney.

Contributor Level 11
  1. Can unmarried but separated parents specify their own support and visitation agreements independently without a court order?

    Answered over 2 years ago.

    1. Holly A Schymik
    2. Jarrie D. Mccarty
    2 lawyer answers

    If the father signed an Acknowledgment of Paternity, then he is the legal father. You need an order from the court, but usually the court will approve any agreements taht they parents have worked out It would be best if the mother hired an attorney, but if she cannot afford an attorney, the State Bar of Texas has forms available online that she may be able to use. The mother does not have to ask for back child support, unless she was on public assistance and received monies from the State of...

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  2. Can i get a judge to issue the divorce with only a signed mediation agreement?

    Answered over 1 year ago.

    1. Holly A Schymik
    2. Bobby Dale Barina
    3. John William Kydd
    3 lawyer answers

    You need to file what is called a Motion to Enter, attaching the proposed decree. You will need to get a hearing set on the Motion to Enter, get a hearing date set, and send a copy of the Motion to Enter and notice of the hearing date to your husband via certified mail.

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  3. How long do I have to appeal my divorce?

    Answered about 2 years ago.

    1. Holly A Schymik
    2. Min Gyu Kim
    3. Robert Ricci
    3 lawyer answers

    As the prior response states, you cannot appeal an agreed settlement. You question does not have enough information on whether you signed, whether the case was tried, what you want to appeal and why. You need good grounds to appeal The appeal starts with a notice of appeal, which much be filed within 30 days of the date the decree of divorce is signed. However, if a motion for new trial is filed, this may extend the date. Appeals are not easy, and you lose you right to appeal if you do not...

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  4. Do I need a family attorney?

    Answered about 2 years ago.

    1. Holly A Schymik
    2. Jeffrey Pierce Fultz
    2 lawyer answers

    You can file on your own, but termination of parental rights is not an easy process and most likely even if you start it one your own you will find out that you will need an attorney to finish the process. If he is not talking to her or exercising visitation, you may not really need a termination (unless you feel that he will start to exercise his rights in the future).

    3 lawyers agreed with this answer

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  5. Can i make my sons biological father give up his parental rights?

    Answered about 2 years ago.

    1. Holly A Schymik
    2. Scott Douglas Marquardt
    2 lawyer answers

    You can't make him give up his parental rights. However, since he has a sentence that is 17 years, he may be willing to sign a waiver of his parental rights. If he is not willing to sign a waiver, you can file a termination adoption action asking the court to terminate his parental rights and requesting that your fiance be allowed to adopt (once you have actually married your fiance). It is called a step-parent termination adoption. You will need to serve the biological father (if he does...

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  6. What is the first step I should take if I want a divorce, but my husband does not?

    Answered about 2 years ago.

    1. Holly A Schymik
    2. David N. Smith
    2 lawyer answers

    You can take you son with you if you leave, it is not kidnapping if no court order is in place. The first step to obtaining a divorce is to file a petition for divorce and have the petition served on your husband. As a part of the petition for divorce, you can ask for temporary orders. The temporary orders you ask for can include requests regarding conservatorship and possession of your son and for exclusive use and possession of the house while the divorce is pending. A temporary orders...

    3 lawyers agreed with this answer

  7. I owed arrears for child support, but my child stayed with me

    Answered over 2 years ago.

    1. Brian W. Erikson
    2. Holly A Schymik
    2 lawyer answers

    You should file a motion to modify your prior order as soon as possible. The modification can't be made retroactive from the filing date, so the sooner you file the better. If a motion for enforcement is filed, the Texas Family Code allows you to plead as an affirmative defense that the other party voluntarily relinquished possession and access to you. But until you get the court involved, your arrearage and interest will continue to grow.

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  8. Divorce degree after final court hearing

    Answered over 1 year ago.

    1. Holly A Schymik
    2. Matthew L. Harris Esq.
    2 lawyer answers

    If you have an agreed decree with a lawyer, you don't even need to schedule a final hearing in advance. You just show up in the morning with your decree and there are judges that do what is called a prove-up available almost any morning. If you are pro se and have an agreed decree of divorce, many court require that you submit it to them in advance for approval and some have special pro se prove-up dates. It is best to check with the court coordinator for the court where your case is filed...

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  9. How to fill out a motion for substituted service when you have no idea where the person is that needs to be served?

    Answered over 3 years ago.

    1. Holly A Schymik
    2. David Alexander Browde
    2 lawyer answers

    You should give information on when you last had contact with the person and detail all efforts you have made to find the person (internet searches, calling relatives and friends, etc). Be as specific as possible as to all efforts you have made to find the person. If you have not made any efforts to find them, you should do everything you can think of to find them (look on facebook, check for driver's license records, do a search on intellius or another similar background information provider,...

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  10. What is a typical visitation order for an infant of a unwed Father? What would you recommend I propose at mediation?

    Answered over 3 years ago.

    1. Holly A Schymik
    2. Thomas James Daley
    2 lawyer answers

    The Texas Standard Possession Order is not presumed to apply until the child reaches 3 years of age. For children under three years of age, judges vary a lot in what periods of possession they order, and when and how long they will require supervision. You should seek the advice of an attorney who is familiar with the judge of the court where your case is assigned.

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