Michael David Wysocki’s Answers

Michael David Wysocki

Dallas Family Law Attorney.

Contributor Level 8
  1. What are the chances of me getting custody?

    Answered about 3 years ago.

    1. Michael David Wysocki
    2. Maria Alicia Lackey
    2 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. Thomas James Daley
    2. Michael David Wysocki
    2 lawyer answers

    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...

  3. 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?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. William Tyler Moore Jr
    3. Michael David Wysocki
    3 lawyer answers

    Tully v. Tully, 595 SW2d 887 (Tex.Civ.App.-Austin 1980, no writ) You can view the opinion at: http://scholar.google.com/scholar_case?case=4329817651200649720&q=divorce+pregnant&hl=en&as_sdt=4,44 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...

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

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Michael David Wysocki
    2 lawyer answers

    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....

  5. 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

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer 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...

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

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer 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...

  7. 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

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer 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...

  8. My divorce is final and i was never served papers

    Answered about 3 years ago.

    1. Michael David Wysocki
    2. Andrew Daniel Myers
    2 lawyer answers

    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.

  9. 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?

    Answered about 3 years ago.

    1. Michael David Wysocki
    1 lawyer 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...

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

    Answered over 3 years ago.

    1. Michael David Wysocki
    1 lawyer 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...

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