Michael David Wysocki’s Answers

Michael David Wysocki

Dallas Family Law Attorney.

Contributor Level 8
  1. Economic Contribution Texas Divorce

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    Economic Contribution is a legal term that identifies an equitable claim once available in Texas to divorcing parties. Unfortunately, Texas Family Code section 3.402 was amended and claims for economic contribution were removed on September 1, 2009. The Family Code continues to allow for Reimbursement, which is also an equitable claim. Depending on what type of Reimbursement you are claiming, documentation or even expert testimony may be necessary. For instance, if your spouse owns a...

    1 lawyer agreed with this answer

  2. I am scheduled to go to trial on the 27th of Sept on the Williamson county uncontested docket for my final hearing.

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Michael David Wysocki
    2 lawyer answers

    Pleadings can be amended within 7 days of the trial date without asking for leave of Court. See Texas Rules of Civil Procedure 63. Therefore, your objections to opposing counsel's amended petition may be denied. The good news is that you can still amend your pleadings without asking for permission from the Court if you are within 7 days of trial. If opposing counsel has alleged new causes of action that you will need additional time to prepare evidence and obtain witnesses to defend...

    1 lawyer agreed with this answer

  3. My wife won't let me see my children since I left and filed for divorce. What can I do.

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    Yes, you both have equal right to the children. First, I would try and get an earlier Court date. Next, the best way for you to see them is to try an see them at public places like school or extracurricular activities. If she leaves them with friends or a relative, you may try to visit then as well. This is only a short-term solution. She is enjoined from this type of behavior through the Denton County Standing Order (http://dentoncounty.com/dept/District_Clerk/Acrobat/DCSORCPCP.pdf)....

    1 lawyer agreed with this answer

  4. I need to know if I need to obtain a attorney for a divorce that I filed in Dallas, Tx.

    Answered over 2 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    Sounds like a bully. Best way to deal with a bully is to make friends with someone even bigger. Having said that, I would seek to retain legal counsel to move the case forward at a fast clip. The sooner you get it resolved, the sooner you can move forward in life.

    1 person marked this answer as helpful

  5. I need some help clarifying some specific guidelines regarding my ex husbands weekend visitation schedule.

    Answered almost 3 years ago.

    1. Michael David Wysocki
    2. Edgardo Rafael Baez
    2 lawyer answers

    The standard language provides that the possessory parent has possession on the weekends following the first, third and fifth Friday of each month. When you look at the 2011 calendar, the fifith Friday in Septmeber was the 30th and the first Friday in October is the 7th. Therefore, so long as your order has the standard language, he would have both weekends. Hope this helps.

    1 person marked this answer as helpful

  6. Can my exhusband sign for our 15 yr pregnant daughter to get married without me? we have joint custody but Im the managing cons

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    Texas Family Code Section 2.102 deals with Parental Consent for an Underage Applicant. The section makes it clear that parental consent is sufficient only when the child is 16 years of age or older but under the age of 18. Based on your statement that the child is 15 years of age, parental consent alone is not sufficent in Texas. It would require a cout order granting the child permission to marry. It should be noted that, if exhusband attempts to approve the child's marriage, without...

    1 person marked this answer as helpful

  7. Can I prevent my sons mother from changing his last name

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    The general rule is that courts will exercise the power to change a child's name from the father's surname reluctantly and only when the substantial welfare of the child requires it. There is a list of twelve (12) factors the court will typically consider before changing the child's name. These factors include: (1) whether the changed name or the present name would best avoid embarrassment, inconvenience, or confusion for the custodial parent or the child; (2) whether it would be more...

    1 person marked this answer as helpful

  8. We need to modify visistation rights/Suspend visitation rights

    Answered over 2 years ago.

    1. Thomas James Daley
    2. Michael David Wysocki
    3. Stephen Neil Foster
    4. Min Gyu Kim
    4 lawyer answers

    Unfortunately, this is not an uncommon issue in our society. The Collin County Family Courts are very familiar with these types of issues as well. I would suggest contacting an experienced family law attorney in your area and scheduling a consultation.

  9. How do I go about getting the correct terminology about my daughters mothers not supporting or seeing her in over a year?

    Answered over 2 years ago.

    1. Michael David Wysocki
    1 lawyer answer

    It is very clear that you need legal counsel to help navigate this situation. I would contact Amy Lambert, (512) 472-1919, and schedule a consult. She can get you on track. It may be a situation wherein you need to seek termination based upon the mother's abandonment or step-up access based upon the recommendations of a therapist. God's speed.

  10. Can I get the divorce decree modified as it does not match the mediated settlement? Her attorney slipped in changes.

    Answered over 2 years ago.

    1. Michael David Wysocki
    2. Patricia Faye Bushman
    3. William Tyler Moore Jr
    3 lawyer answers

    Your deadline for a Motion for New Trial has long passed. I would contact a knowledgeable attorney and schedule a consult to see about filing for a Bill of Review. The attorney will need to review the Mediated Settlement Agreement and the Decree carefully to discuss your options.

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