Victor Anthony Rivera's Answers

Child Custody, name change

This question lacks information to completely address your concern. To begin with, do your parents have legal custody of your child? Is there a court order in place naming them as the child's legal guardians? Have you lost your rights over the child? In other words, have your parental rights been terminated? If your rights have been terminated and your parents are the new legal guardians, then can petition the court to change the child's name. The name can only be changed if 1) the child's...

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Family law: Thursday - Visitation

Thursday night visits only occur when school is in session. Thus, if tomorrow is the last day of school, your ex-wife cannot exercise her Thursday night visitation since there is no school on Friday. The summer visitation schedule will start effective tomorrow after class is let out.

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How do i get primary custody of my child.

Getting primary custody of a child is very subjective. It will depend on what county your case is in and who the judge is. You can present your case and reasons why custody should change but that does not always guarantee that the judge will see it like you do. Please understand that in Texas, the judge is required to determine what is in the "best interest of the child." Since the child is only 5 years old, the child will not have a say in this matter. The judge will have to base his/her...

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In texas if a spouse does not want to sign a divorce papers can i still get the divorce

The plain and simple answer is yes. However, how you proceed with the divorce will be based upon if she provided the court with an answer to the lawsuit. If she has failed to answer the lawsuit, you can proceed with a default divorce. You will need to schedule a prove-up with the court. If she answered the divorce but now refuses to sign the divorce papers, you will need to have a final hearing to allow the judge to finalize the divorce. She would have to be notified of the final hearing to...

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Can I get probation for a first degree felony of identity theft?

Unfortunately, I cannot answer this question directly because there is no way of knowing what a particular judge will do in a particular case. Community Supervision in Texas is governed by the Code of Criminal Procedure, Article 42.12. It states that a judge, in the best interest of justice, the public, and the defendant, after a conviction or a plea of guilty or no contest, can suspend imprisonment and place the defendant on community supervision. So, it will be judge's discretion. A...

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Can I clear my criminal background while on probation?

The previous attorneys are correct. If you received straight probation, that means you were convicted of the crime but instead of going to jail you were put on probation, then you cannot have your record expunged or sealed. If you received deferred adjudication, which means that you have NOT been convicted of the crime, and if you successfully complete the deferred probation, you can request a Petition for Non-Disclosure. You, unfortunately, cannot request an expunction. You will have to wait 5...

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What are my parental rights as a surviving spouse to my stepchild?

I am sorry to hear about the loss of your wife. Please understand that although you have formed a bond with your stepson, you do not have any automatic legal rights to him. However, if you can meet certain criteria set out in the Texas Family Code, there may be a chance to file a lawsuit requesting that you be granted rights and duties over this child. You need to refer to Texas Family Code section 102.003 which establishes who can file a lawsuit regarding a child. In this section,...

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If i got married after my divorce was final but i did not wait the 30 days that texas requires will my marriage be valid?

Your marriage would still be valid but it is also considered voidable. Voidable means that if your new spouse does not know that you were just divorced, they can ask to divorce you and can even get the marriage annulled. Below is the Texas Family Code provision regarding a concealed divorce. § 6.109. CONCEALED DIVORCE. (a) The court may grant an annulment of a marriage to a party to the marriage if: (1) the other party was divorced from a third party within the 30-day period...

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I live in Texas and have joint custody of my daughter who is 12; when can she voice and choose her visitation with her Dad?

In Texas, judge's prefer that a child is 12 years of age before they speak with the judge about their preferences. If the court's order needs to be modified to change visitation, when filing the modification, you can also file a Motion to Confer with the child. However, even if the judge decides to speak with the child, that does not mean that the child's opinion will matter. The judge's responsibility is to make sure that the best interest of the child is upheld and if there is no real reason...

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Can I be sued for not paying child support for my 17 year-old daughter who I have custody of but is not living with me anymore??

The only way a parent is required to pay child support is if it is ordered by the court. If you have court papers that state the child is required to live with you because you are the custodial parent then you should not be held responsible for child support since the child essentially ran away. Now, what the mother can do is seek to modify the court order and request that the child live with her. If she is awarded custody of the child, then she may seek child support from you. However, if...

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