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Michael David Wysocki
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Michael Wysocki’s Answers

26 total

  • How can a biological mom do this to her kids me and my husband?

    My 6 yr old sd recently returned home from moms for summer visitation. She stated to me that mom told her to wait till my husband and i were sleeping to sneak in our room and stab us both, I spoke with 9 yr old who stated he heard mom say that she...

    Michael’s Answer

    The first place you need to look is at the most recent custody order. It should contain injunctions against this type conduct. If it has the standard injunction against "disparaging the other parent" then you can file for an enforcement and modification and ask that her visitation be supervised. I would also ask for a psychological evaluation of the mother.

    If the prior order lacks the standard injunctions, then you will need to file a modification asking for the injunctions to be put into place and for her visitation to be modified. I would again ask for a psychological evaluation.

    There are a number of good attorneys in Abilene and I would be happy to give you a referral if needed.

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

    Opposing attorney filed a "First Amended Counter Petition" leaving my no time to counter within the 30 days before trial. Can I show up and state that I do not agree with her "First Amended Counter Petition" requests and will the judge then consid...

    Michael’s Answer

    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 against, then you need to tell the Court exactly that by filing for continuance. God's speed.

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  • I live in Colorado and my 9 yr. old daughter lives in Texas and her mother is remarried. I see her on vacations, call her, and

    pay child support. My family in Texas also has regular contact with her. I found out she has been using her step-father's last name at school, where her mother is also a teacher, on her voice mail, and other places, but not using it in legal ways...

    Michael’s Answer

    Yes. The fact that she is using a different last name can be viewed as a form of parental alienation. Most courts would not view this in a very favorable light. You should act shiftly now that you are aware of the situation. In a polite manner you will need to notify her that you do not approve of the situation. You may also want to give the school notice that the child needs to be using her legal name. If the mother does not respond well, you will need to contact an attorney. Failure to act could be used against you if she later files to change the child's name.

    Also, please read the question I answered on August 12, 2011, which deals with changing a child's last name.

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

    I have paid all household bills, since I left 5 months ago. My wife refuses to let me see my two daughters. I filed for divorce and have a court date in 6 weeks. Do I have any legal rights to get to see my daughters prior to court date.

    Michael’s 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). In order to be prepared for the Court hearing, be sure that you can document your repeated attempts to see the children. You need to be sending emails, texts, etc., and asking politely to see your children. If she continues to refuse, the Court can sanction her and give the children to you for additional periods of possession. You will need to file a Motion for Enforcement to enforce the standing order and set it at the same time as your Temporary Orders Hearing. Without this Motion being filed, the Court will not be able to punish her.

    I would also consult an attorney. If she is refusing to allow you to see your children now, she will likely continue to do so until you hire strong counsel.

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

    the boy is bad for my daughter and I wont sign for her to marry him . Her father on the other hand dont give a crap and will do anything not to have to pay child support.

    Michael’s 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 proper authority, Section 2.102(g) makes it a Class A Misdemeanor. Section 2.102(f) makes it a third degree felony to misrepresent the child's age on a parental consent form.

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  • Can I prevent my sons mother from changing his last name

    Sons mother is taking me to court to get my sons last name changed. She is saying that I have had no contact with him but I have constantly asked her to let me speak to him. We live about 200 miles away. Is this something that I can win ?

    Michael’s 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 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.

    Please review these factors. You may want to contact an attorney to discuss your options.

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  • My divorce is final and i was never served papers

    He and I have always lived together and still are

    Michael’s Answer

    Mr. Myers is correct. You need to contact an attorney quickly before any deadlines are missed. If a Decree was entered fraudulently or without proper notice, there are ways to vacate the order. Time is not on your side, so I would act now.

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  • My ex wife passed away and we had joint custody of my son. Do i get custody of him and what do i have to do?

    Grandmother wants custody

    Michael’s Answer

    Yes. The child should be in your care now, and if he is not, you need to go get him. Often times what happens in these situations is that a grandparent or step-parent will try unsuccessfully to obtain custody of the child. They have no right to retain possession of the child without a court order. Given this fact, it is usually a bad idea to leave the child in the care of another family member as it will only give them time to seek legal action.

    Your current orders will likely need to be modified. If you are paying child support, it will need to be stopped. The orders will also need to reflect that you are the sole parent. To accomplish these things, I feel that you need to speak with an attorney.

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  • Parent left with child without other parent's consent.

    My brother's wife left him with their 8 month old baby and only calls to ask him if he is okay but will not tell him where they went. The mother is from the Phillippines and was able to come to the U.S. because they were married. She is not a U....

    Michael’s Answer

    There are several important questions that need to be answer before a proper response to your questions can be provided. First, does the child have a passport? If so, your brother needs to contact an attorney immediately to attempt to locate the child and file suit. If no passport has been issued, your brother needs to enroll in the "Passport Issuance Alert Program" - http://travel.state.gov/abduction/prevention/passportissuance/passportissuance_554.html. This program will flag any attempts to obtain a paasport for the child and will send notification to your brother of any such attempts. He should also contact an attorney for help with locating the child.

    Given the international aspects of this matter, your brother should consult an attorney with experience in dealing with such matters. For instance, I am a member of the International Child Abduction Attorney Network (ICAAN). ICAAN is a network of attorneys that have experience in these areas. Please let me know if you have questions or if I can be of assistance.

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  • If my husband & i own our home but have no will & he has 4 children from 1st wife and 1 from me, will i have to divide the

    home with all 5 children? the title to our home is under both of our names and we've been married for 30 yrs. also, i forgot to mention that he has Alzheimer's.

    Michael’s Answer

    This is a probate question, as opposed to a divorce question. You may refer to Texas Probate Code Section 45 which details the rules for intestate succession when the deceased has a spouse. In short, the code says that since he has children from a prior marriage, the 5 children will divide 1/2 of the community interest in the residence and you will retain the other 1/2 yourself. You would not be forced to move out or sell the home, as you would have a life estate in the home and be able to live there until you pass.

    You should consult a probate attorney to determine if your husband is competent to make a Will and to discuss these matters further.

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