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Michael David Wysocki

Michael Wysocki’s Answers

26 total

  • We need to modify visistation rights/Suspend visitation rights

    My finance's ex will not stay on his meds and binge drinks to the point where he is a threat to himself and to others including his biological daughter. My fiance got the child support setup to come out of his check at work. When she did that the ...

    Michael’s Answer

    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.

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

    I was told that there was a term for a noncustodial parent not seeing my child in over 9 months and we are going to mediation next week, I wanted to know the correct way to approach the mediator. So that they would understand that my daughter shou...

    Michael’s 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.

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

    I filed for divorce in Dallas county, Tx on Feb 9th my spouse filed waiver of service on Feb 10th, since he has moved all of his belongings out of the house we were living in but comes and goes as he please's, is continuosly berating me and harra...

    Michael’s 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.

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

    The mediated settlement said that we both owe taxes due on the house. She moved out, and in this awful economy, I have been stuck paying on the house for 3.7 years. I am now able to sell it, but found that her attorney put in that I am responsib...

    Michael’s Answer

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

    My ex-husband has visitation with our daughter on the 1st, 3rd, and 5th of each month. Obviously each month does not always have 5 weekends but when it does then he gets the last weekend of that particular month and also the following weekend sinc...

    Michael’s Answer

    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.

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  • What are the chances of me getting custody?

    My ex and I have a one year old boy. She does not work and i have found out she leave him to go out and party on a regular basis, but I have no way of proving it in court. What should i do and with no real evidience what are the chances of me gett...

    Michael’s Answer

    Under the law you start with 50/50 odds, since the same laws apply to both you and your ex. The next step is to look at the facts. You would need an attorney to take a hard look at the facts and determine your chances from there.

    Regarding the "no evidence" question, you can always hire a private investigator. Before hiring an investigator, try to determine a pattern of when she goes out. If she goes out every Thursday or every Saturday, it will be easy to tell the investigator when to follow her.

    Try to determine who she is going out with and where she is leaving the child. These people can be subpoenaed for Court. Does she have a MySpace or Facebook? Is so, start monitoring her pages. She will likely post comments and pictures of when she goes out.

    An attorney will also be able to help you think of additional ways to obtain the evidence you need for trial. God's speed.

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  • Visitation never established in courts when child support was issued in kentucky. What does this mean?

    The mother filed child support on me on our one son (now 5 yrs old) a few years ago and filed for custody at the same time (that was dismissed in the courts because she never showed up for court). The child does not live with her (lives with gran...

    Michael’s Answer

    Although I dislike it when attorneys on this site answer questions with the statement "You need to hire an attorney", but in this case - you do. An attorney will be able to gather more information from you, determine if you are on the birth certificate, if you have been adjudicated the parent, if there is a court of continuing exclusive jurisdiction, and whether any orders have been issued.

    An attorney would be able to answer all of your questions after gathering this information. If the case could be filed as an original suit affecting the parent child relationship in Texas, you would have the parental presumption and a number of other factors in your favor. It is worth a shot. God's speed.

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  • Can a divorce be granted in Texas if the wife is pregnant to a man other than her husband if there is an AOP and DOP signed?

    The biological father has already signed an Acknowledgement of Paternity and the husband has signed a Denial of Paternity. Court is asking for a case to give precedent and I don't know where to find one. Any help would be appreciated.

    Michael’s Answer

    Tully v. Tully, 595 SW2d 887 (Tex.Civ.App.-Austin 1980, no writ)
    You can view the opinion at:,44

    This case makes it clear that the Court can grant the divorce, however, there is a difference between can and will. While legally the Court can still grant the divorce, most Courts are reluctant to do so when the wife is expecting. There are several reasons for this, but I will only hit the main two: (1) Judicial Economy - courts would prefer to have one hearing and one order, rather than multiple hearings and multiple orders; and (2) Parental Presumption - the child is presumed to be the husband's child by law; This presumption must be rebutted with evidence to the contrary (hard to rebut without DNA).

    Do not be surprised if the entire case is abated pending the birth of the child.

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  • My ex husband won't add me to my son's court monitored bank acct how can I be added without paying a lawyer?

    The account was for an injury, and has sat untouched for years, and my ex does not service it, as a result the bank renews his CD every six months at the absolute lowest rates. The bank says I need to have the ex add me to the account, or there is...

    Michael’s Answer

    First, find a copy of the order that places your child's funds into trust. That document should contain a wealth of information. Does it name a trustee? How is management structured by the Court?

    Next, find a copy of your divorce decree or child custody order. Who has the right to manage the estate of the child? Is there any specific language in the order about the funds in question?

    These orders will define the rules for this issue. Always read the rules before you play the game. It may be as simple as taking a copy of an order that says you have a right to manage this account to the bank, but maybe not. Regardless, start by reading the orders.

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  • Can I change my daughters last name if her fathers name is not on the birth certificate? He signed an AOP but never finalized it

    The father of my daughter left the two of us at the hospital when she was born and never came back. After a couple of weeks went by he up and decided he would sign the AOP (Acknowledgement of Paternity), but he never sent it in to be finalized and...

    Michael’s Answer

    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 convenient or easier for the child to have the same name as or a different name from the custodial parent, either the changed name or the present name; (3) whether the changed name or the present name would help identify the child as part of a family unit; (4) the length of time the surname has been used; (5) parental misconduct, such as support or nonsupport or maintaining or failing to maintain contact with the child; (6) the degree of community respect associated with the present or changed name; (7) whether the change will positively or adversely affect the bond between the child and either parent or the parents' families; (8) any delay in requesting or objecting to name change; (9) the preferences of the child; (10) the age and maturity of the child; and (11) when the child maintains the mother's surname, assurances by the mother that she would not change her name if she married or remarried; and (12) whether the parent seeking the change is motivated by an attempt to alienate the child from the other parent.

    Based upon these factors, I believe that you have a good chance. You will need to file a Petition for Name Change of Child.

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