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Barbara Lynch Schnack

Barbara Schnack’s Answers

275 total


  • Does anyone think ill be able to file for alimony the negotiable kind or whats the best route i should choose??

    I cheated on my husband back in June due to being drugged and irresponsible really ther's no excuse though. however long before my husband always talked to girls and called them sweet names but there is one girl in particular who sent my husband ...

    Barbara’s Answer

    The situation you describe is a little hard to make out from your description, but the advice we always give here is to consult with a family lawyer when faced with a divorce. I cannot tell whether you would be able to obtain spousal maintenance, but I'm sure an attorney in your area could discuss your situation and advise you whether you would have a reasonable chance. Good luck to you.

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  • What is the best and fastest way to get custody of my kids?

    i am still married to the father because i have not been in the state long enough to file for divorce. the kids live with me and are settled into school and their father is trying to take them from me. the kids dont want to go anywhere with him.

    Barbara’s Answer

    If you have not been in Texas long enough to file for divorce, which is a period of 6 months, I question whether Texas would be considered the home state of the children for purposes of establishing an initial child custody order. If your children were living in another state prior to living with you in Texas, and if your husband still lives in that state, you may have problems establishing jurisdiction in Texas if your husband opposes you. This is a complicated issue, and you should not rely on the information you find here because everything will turn on the specific facts of your situation.. I urge you to see a family lawyer to get the guidance you need. Good luck!

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  • Because I'm a man is it possible for me to get primary custody of my daughter or joint custody with no child support?

    My wife has admitted to having an affair. And she is not willing to reconcile the marriage despite my forgiveness and continued affections. She wants joint custody of our child and that is what I want. But in the petition she has requested primary...

    Barbara’s Answer

    It is hard to understand this sometimes, but there is a difference between being a bad spouse and being a bad parent. I know that your wife has been unfaithful in your marriage, but that does not necessarily mean she is a bad mother to your daughter. As my colleague says in his answer, the Texas Family Code requires the Courts not to discriminate on the basis of gender, but rather, to appoint the parent who appears best able to provide for the best interest of the child. There is no formula courts use to determine "best interest", as it always depends on the specific facts of each situation, but if you truly believe your daughter would be better off with you than with her mother, you should see a family lawyer to have the lawyer assist you in realistically evaluating your chances. Fathers can have primary custody of their children, just as mothers can, but it comes down to demonstrating to the court exactly how you can provide for your child's best interest.

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  • Property outside the TX in Divorce case

    My husband and I were living in Peru. He is in posession of some of my saprate property in Peru. He is denying the posession of it. We are getting divorced in Austin. Hopefully it will be without a fight. His attorney framed a divorce decree. He h...

    Barbara’s Answer

    First of all, it is important to remember that your husband's lawyer is representing your husband and his interests, so you should not rely on anything his lawyer tells you. I'm not suggesting the lawyer would outright lie to you, but he certainly will not tell you everything you would want to know and cannot give you any legal advice. The line the lawyer has added to the proposed divorce decree is called a "savings clause", and it simply provides that if something is not specifically addressed in the divorce decree, but was pleaded for in the parties' petitions for divorce, then the court is denying whatever it was the pleadings of each party had requested.

    You do not describe the nature of the separate property you say your spouse is holding in Peru, so I cannot address it here, but before you sign anything your husband's lawyer presents to you, I encourage you to consult with a family lawyer so that you can have the terms of the proposed divorce decree fully explained to you. You would have the opportunity to pose your questions to the lawyer and gain enough information to make the best decision you can for yourself. Good luck to you.

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  • I was awarded 50 % of the sale of home in divorce. but he never sold the house. How Do I get my half of equity from 8 years ago?

    I was awarded 50 % of the sale of home in divorce. but he never sold the house. 8 years later I hear he has paid it off. Can I still get my half of the equity value from 8 years ago?

    Barbara’s Answer

    Everything will depend on the terms of your divorce decree. I encourage you to have a family lawyer review your divorce decree to advise you of your options. Good luck!

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  • Im going threw a divorce i texted my ex stating in need my coast guard uniforms .he texted back he burnt them.

    can he get introuble for doing this ?or is my uniforms considered community property . i dont even have time to get new ones

    Barbara’s Answer

    People say all sorts of nasty things to each other when they are in the midst of a divorce. He may not really have burned your uniforms, and was just trying to upset you, but if he actually did, you can ask the court to order him to replace them or reimburse you for the cost of replacing them.

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  • My divorce was final in may... I want to move out of town for more job opportunities. Can I move?

    The decree says I have to stay in adjacent counties where I live now... But where i want to go is 250-300 miles away ---- how do I get this changed.... My 15 and 12 year old are fine with moving....

    Barbara’s Answer

    It is not easy to get a domicile restriction lifted if your children's father is opposed to it. Your best hope lies in offering to share travel expenses or in meeting him halfway to exchange the children for his possession time. If you are forced to litigate the issue, you must convince the court that the move is in the best interest of the children, which is not simply demonstrating that the kids are okay with moving. You will need the help of an experienced family lawyer, as domicile cases are generally difficult to win, especially I'd you are representing yourself. Good luck to you.

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  • Now that I am married, can my husband be around my kids even though the court order says no?

    Court order keeps him from the kids because he failed a drug test. He was never given a chance to retake the test even though the order says he can but its up to my ex husband if he wanted him to retake it. It has been a year since that test. Do w...

    Barbara’s Answer

    I the court order specifically states that your husband cannot be present when your children are around, it does not matter that you and he have now married. The only way to remove the restriction would be to file a motion to modify the court order, requesting that he be allowed to be around your children. He should be prepared to take a hair follicle drug test to prove that he is drug-free, and he should also be prepared that the court will take a very close look at everything else about him before making a decision to allow him to be around your kids. You should consult with a family lawyer to evaluate your chances of success. Good luck to you.

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  • A warrant has been issued for failure to appear at a review hearing on my failure to pay the full amount of child support.

    How can I get the warrant lifted

    Barbara’s Answer

    The "warrant" you describe is called a capias, and as you say, it was granted because you failed to appear at the court date. I encourage you to contact a lawyer, since the usual procedure requires you to appear in court and be sworn to reappear on a later date to address the motion for enforcement filed against you. If you appear voluntarily without waiting to be picked up by law enforcement, you will avoid the risk of spending time in jail for not showing up for court when you were summoned to appear. Good luck to you.

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