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David Warren Wynne

David Wynne’s Answers

27 total

  • Can I move out of the "contiguous" counties(set in our decree) if my son's father is incarcerated due to child endangerment?

    I have recently found out that my son's father is incarcerated with child endangerment/abandonment (toward a different child). I have been advised that it will be quite a long time before he can even see his children even WITH supervision. An oppo...

    David’s Answer

    No. Your ex's incarceration does not invalidate the current order, and if you disobey the order, you could end up being the one in trouble. You need to file a petition for modification; this is a fairly simple process, but you'll need an attorney.

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  • Can I fight to terminate visits kids have with a aunt.

    Ok this goes back 5years ago we got involved with cps my children were removed and we decided to let my husband's aunt take care of them so they would not go in to Foster care while we work the safety plan we did everything we were suppose to do t...

    David’s Answer

    The aunt only has a right to visitation if a court order has decreed such. Otherwise you don't have to do anything. If the aunt is a joint managing conservator, or has some rights to the kids, you'll need to file a modification petition. In most cases, Texas judges tend to defer to the parents, so unless there's some compelling reason she should get visitation, it will likely be removed.

    Consider this, though: if the aunt has played a pivotal role in your children's lives, removing her from their lives will harm your children; it's a form of emotional abuse that can cause them immense suffering. Please consider continuing to allow her to visit them, even if no court order requires you to do so. Unless she's a dangerous person or abusive to your kids, it's the right thing to do.

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  • What has to transpire in order for me, primary conservator, to seek sole custody and supervised visitation for the other parent?

    I would like to seek sole custody of my child given some of the things that have transpired over recent events. I would like information on if this is possible, and what things would have to happen in order for me to seek sole custody and have the...

    David’s Answer

    I always advise my clients to tread carefully before seeking sole custody. In most cases, being deprived of a relationship with both parents--even an imperfect parent--is extremely damaging to children. The only exception is if the other parent is abusive or otherwise dangerous.

    To change your custody arrangement, you will need to show a material change in circumstances. Texas judges are extremely reluctant to remove a parent's visitation rights, so you'll have to show a serious change that puts your child in danger--such as an arrest for child endangerment, strong evidence your ex has abused your child, etc.

    You need a lawyer to assess your case.

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  • Is a letter from the other parents lawyer, after a final custody order has been established, legally binding?

    I recently won joint custody of my sons from a previous relationship and was placed on a Standard Possession order, with exclusive rights to their education. I was awarded the exclusive right to pick up the children after school or provide an afte...

    David’s Answer

    A letter from an attorney cannot be legally binding; only the court can issue orders with which you must comply. The real question here is whether the letter is in compliance with the order. Go back and read through the terms of the order. If the letter does not contradict these terms, then you must allow your ex to pick up your children. If the order does not authorize such access, you're under no obligation to follow its dictates.

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  • Custodial Parent (mom) in jail for multiple charges. Dad wants custody. What do I need to do ?

    I am a 22 year old single father, my daughter is 4 years old will be in December. Mom(witch is the custodial parent) is in jail for theft, felony flee in motor vehicle and flee on foot. I am up to date with all my child support payments. I have a...

    David’s Answer

    Who currently has custody, and why is your daughter with them instead of you? Is CPS involved? Did CPS know you were an option? These are important considerations, since if CPS determined you weren't an appropriate caregiver, seeking custody could prove to be an uphill battle.

    The changes in your child's circumstances, though, make you a good candidate for getting custody. You will need to petition for a change, and you will need a lawyer. If the mother does not contest--which she might not do, because she's in jail--the process could be relatively short, with only minimal expense. But if you're worried about your daughter's safety, please, please act now, since time is of the essence. Consider calling a lawyer today.

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  • Pro bono lawyer for emergency child custody case?

    Currently I am a resident of California, my daughter resides in Texas. My ex husband was recently arrested on child pornography charges, while having custody of my daughter. As you can tell this is very concerning for her safety. I just want to ge...

    David’s Answer

    Consider filing a report with CPS, who may place her with you if they remove her from your husband's custody. Texas also offers self-help family law forms if you'd like to go it alone.

    I know it's not what you want to hear, but ultimately, you are going to need a lawyer to resolve this, unless your husband is arrested. Even then, your custody might only be temporary until he bonds out.

    I've attached a link to a number of pro bono family law services.

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  • Child safety

    My ex husband has custody of our two children. My daughter will be 16 September 13th and wants to come live with me. We did have it where my children live with me one week and him one week. I lost my job and at the time couldn't take care of them ...

    David’s Answer

    There are a number of issues here, and since your daughter's health is on the line, you really need to hire a lawyer.

    First, your daughter is not allowed to choose where she lives, so her preference will not sway custody. Because she's over the age of 12, though, the court may take her preference into consideration.

    Second, and more importantly, what does your custody order say? You say that your ex has custody, but you don't say whether that's because the court ordered it, or simply by mutual agreement. If it's the latter, you can refer to your custody decree and return to that plan. Alternatively, you can seek a modification in custody, based on a material change in circumstances (with the material change being your daughter's illness and preference).

    In short, please seek a lawyer. Good luck!

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  • What changes are considered 'material' in a change of child custody from joint to sole?

    If my ex wants to change from shared joint custody to sole custody in favor of my ex, how much of a chance does my ex have? Especially if nothing has really changed for the 'negative' on my side. Thank you.

    David’s Answer

    Without knowing the specific facts of your case, it's impossible to know how good your ex's chances are. The courts, though, have a strong presumption in favor of preserving the child's relationship with both parents, so unless there is ongoing, chronic abuse, it is unlikely your ex would prevail. Because courts are unpredictable, though, it is critically important that you hire a lawyer. The law is nuanced, and you need someone who knows family law inside and out.

    A number of factors go into determining a material change. These include:
    -Changes in your ability to care for your child..
    -CPS reports, or other legal actions taken against either of you.

    In short, I'll need to know more about your case to give you more specific advice. What material changes have occurred?

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  • Do I have to release my son to his father for visitation given the circumstances below?

    My son's father is charged and currently incarcerated with endangerment/abandonment of a child for a different child. CPS has informed me that I can say no to unsupervised visits, however, since none of this happened with my son, they cannot enfor...

    David’s Answer

    This depends on what your custody order says. If your custody order requires visitation, then yes, you have to release him.

    If you're concerned about your son's safety, your best recourse is to petition the court for a modification in child custody, seeking sole custody based on the change in facts. Talk to a lawyer for more details on how to manage the specific facts of your case.

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  • Interstate 50 50 custody visitation

    My ex refuses to help with travel for visitation after I was forced to move out of state. He petitioned for a modification of custody after I moved and our 50 50 weekly custody was upheld. Since then I have made every trip and paid every cent to f...

    David’s Answer

    What does your parenting plan/custody order say? In most cases, the courts require parents to split the cost, but no one can help you without knowing the terms of your parenting plan.

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