Gregory Lee Housewirth's Answers

My brother is going through a divorce, his wife is calling every, and I mean every, number he's called or texted.

I am sorry to hear of your brother's problems. This is the type of behavior we often see in the early stages of a divorce when emotions are running high. I suggest your brother retain an attorney and file for a temporary restraining order. This will usually curb further crazy behavior. I am familiar with the courts in Parker County and I know this type of behavior will not be appreciated. I hope this helps.

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How does visitation work for a newborn in Texas?

While the Texas Family Code has some advisory guidelines, the Family Court has wide discretion in setting a schedule. Typically, the schedule will permit the non-primary parent to see the child several times a week with each visitation period lasting only an hour or two. This could even be done in your presence. As the child ages, expect the non-primary parent to be awarded ever increasing periods of possession - - assuming he or she is competent. Depending on your budget, you may want to...

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Can I file for divorce without a lawyer, and would it be cheaper?

As an attorney with offices in Tarrant County, I know our court clerks are very helpful with clients attempting to process their own divorce. I note that you and your husband married out of state which raises a small question. Has your spouse resided with you in Texas? Is there any marital property to divide? There may be a jurisdictional question you wish to review with a lawyer.

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My husbands ex has chips and insurance we provide for the child, can she have both?

What a crazy situation! I guess the child's mother can spend her money as she pleases, however, this seems really wasteful. If you are court-ordered to maintain health insurance, which I assume, I would caution you not to discontinue coverage for the child. Given the status of our state budget, I would have concerns about changes in cost and or coverage provided by CHIP. As the party ordered to maintain health insurance preference is given to the group health insurance available through her...

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I was divorced in 2008, at that time my ex was making 30,000 and his child support was based on that income, Now he is making

Sue, you can get a chld support increase, made retroactive to the date of filing of your petition to modify. Let's figure that he should be paying child support close to the statutory cap of $1,500 a month and he's only paying about $400 a month now. According to my rough estimate you stand to net about $5,000. Notice that I have calculated a retainer fee of about $1,500 you'll need for counsel to file the modification. As I say, these numbers are estimates. I hope this helps you to...

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My ex-spouse has defaulted on our marital home he was awarded in our divorce, he was ordered to pay on time.

You need to look closely in your divorce papers to see if you got a separate deed of trust to secure assumption. This is a real estate instrument which will give you the right to foreclose on your former spouse. Although Texas recognizes non-judicial foreclosure, you will still need an attorney to walk you through the process. If you don't have a deed of trust, consider filing a motion to enforce or clarify your divorce decree.

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I have had my grandson since he was born 01/29/03 my daughter signed a notarized form can she take him from me

I am not sure what document your daughter signed, I am assuming it was some sort of power of attorney. Such documents are always subject to revocation by the mother. If you wish for your possession of the child to be a permanent arrangement, you should petition the court for managing conservatorship. I am Board Certified in family law by the Texas Board of Legal Specialization and have practiced in North Texas for 25 years. I would be pleased to assist you with your case.

Is there any attourneys that could help me for a low cost?

Having practiced family law for over 20 years, your chances of success will greatly depend on the changes you have made in your life since the original custody order was entered. This will not be an easy case and you should plan on a prolonged effort on your part. Additionally, this does not have the makings of a "low cost" case. Please let me know if I can be of further help.

Will he get custody?

Certainly the fact that she left the state with the child will be frowned upon by the court. There are going to have to be other factors present to deprive her of primary custody. For instance, drug or alcohol abuse or even domestic violence committed by your brother. Another thing to consider is the time it will take for this young child to form a relationship with your brother.

How can i get full custody of ny brother if my mom is willing to give it up

You will need to file a suit affecting the parent-child relationship in order to obtain legal custody. Remember that you will also need to obtain the consent of the child's father or, at least give him legal notice of the case. If you are interested in a less formal arrangement, you may also with to consider obtaining a specialized power of attorney. You should consult a family law attorney to determine your best option.