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Johnna Teal’s Answers

11 total


  • Estranged wife left in August 2012, filed a petition, then left state just before temporary orders hearing,

    estranged wife left state with kids, temporary orders state joint custody , she has blocked all contact with kids, she says she has a protective order in her new state,

    Johnna’s Answer

    You should hire an attorney immediately. It sounds like you have not been served with the protective order application but even of you have been served there are jurisdictional issues which would likely invalidate the protective order if indeed one exists. It's doubtful one exists if the allegations involved occurred in Texas and the child and mothers residence was in Texas the last 6 months.

    If there are temporary orders in place then there is likely a geographic restriction preventing your wife's relocation out of state. If she only filed but did nothing further then you need to rush to action to conclude the case before the case gets dismissed.

    Seek an attorney immediately.

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  • How can I get parental rights terminated In Texas?

    The biological father hasnt been in my sons life since he was born. I havent seen him since i was approximately 8 wks pregnant and last time I spoke was after my son was born and he denied it because his new girlfriend answered the phone. He has...

    Johnna’s Answer

    You would need to hire an attorney to prosecute the termination. However, most courts are going to require that there also be an adoption pending in addition to the termination. If you are currently married, your spouse can adopt the child.

    Otherwise, the termination action is filed making certain statutory allegations such as failure to support, executed a voluntary relinquishment ( this is the easiest way to go), etc. the court will appoint an attorney to represent the interests of the child. Then depending on if there is an adoption on file as well will depend on what happens next.

    There are many factors involved relating to terminations, such as is the father a presumed father (signed AOP or you were married to him, etc) or an alleged father.

    You would definitely need the assistance of an attorney. Alternatively, you can file child support on him and at least start getting financial contribution.

    Good luck!

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  • In the state of Texas, what must I do to get my girlfriend out of her parents house?

    My girlfriend is 15, and is turning 16 in july. I am 18 and living in an apartment with a buddy. He said that he could get her out at 16, but I want some advice from someone who knows what they are talking about

    Johnna’s Answer

    Absent marriage which requires parental consent, there is nothing that you can do.

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  • Can i move in with a friend or family member at 16 i will turn 17 in October

    The reason is my dad has beat me before and he yells at me and don't have a relationship with him.. he cusses at me..

    Johnna’s Answer

    So long as you are a unemancipated minor, meaning you did not go to court to have the right to be free of your parents then outside of your dad or mom's consent, you have to continue to live at home. Without parental consent could cause potential legal problems with anyone who provides housing to you, apart from a shelter.

    Alternatively, you can hire an attorney or find a free legal resource to file for emanicipation. Keep your head up, do well In school and you can be out of your parents home and in college Ina few years. Don't grow up too fast, being an adult is tough!

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  • I have been paying my sons mother child support through a joint account 7 years. Can she claim back support in Texas.

    I have paid every month and there is a paper trail. She's getting married and she is making it very difficult to see my daughter. I am thinking about taking her to the child support office, but im afraid that she might claim that i havent paid ...

    Johnna’s Answer

    I agree with Andrew. If there is a court order then the order likely requires you to make payments to the state disbursement unit. Otherwise, if there is no order then so long as you can document deposits or the mother acknowledges the payments then you should be okay.

    Depending on the age of the child, and typically for children 3 and older, you should be allowed standard visitation 1st, 3rd 5th weekends, 30 days in the summer, alternating holidays). The more contact and time you get with you child now and into the future will be pivotal in the courts allowance of regular visitation (there are also other factors such as abuse, drug use, etc that are also considered). If the mother only allows limited contact on her time, then go to the school or daycare weekly or as frequent as your emoter allows to establish a report with potential future witnesses as well as showing an interest in continuing the bond with your child.

    In your situation, I recommend that you not go through the Attirney General's Office (as they seem to push hard for retroactive child support and proof of payment). You should hire a private attorney to minimize the concerns you mentioned.

    Good luck.

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  • Can I get a court order that the mother of my 3 children be required to work while she is receiving child support from me?

    LONG STORY SHORT - After 12 years together and just recently seperated, the mother of my 3 children is a typical mother who is attempting to file a child support order and live off my money along with food stamp benefits and child support money fr...

    Johnna’s Answer

    Unfortunately the court cannot require your ex to get a job. Child support in Texas is not based on the custodial parent's income but strictly on your income. This means that the custodial parent could be a millionaire or a housewife, either way, absent an agreement your obligation to pay a certain percentage is mandated by statute.

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  • Do i have a right to take my son to louisana to see his grandpa if i have possesion of him

    My ex has visitation and i have cusoty of my 5 year old son, we have a bench trail in may for my divorce, i have possesion of our son for spring break, do i need to inform him because i visit my mom grave every year and he not coportating. im not...

    Johnna’s Answer

    Make sure to review your court order to ensure there are no injunctions (i.e. prohibitions) against traveling out of state with the child. These provisions are not typically put into an order but every case is different. If you determine that there is no such prohibition about out of state travel then make sure that you drop off the child back on time and make sure that the trip is during your period of possession.

    It wouldn't be a bad idea to allow the child to call and speak to the other parent a few times during this time which may tend to alleviate any future issues that will likely arise when the other parent finds out that you traveled out of state.

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  • I am looking for a low-cost or pro bono in a divorce child custody case in Houston, TX.

    I have an attorney where I have paid alot for and in return, recieved very minimal. I also have an amicus for my kid. I am going for full custody. I am currently in California at the moment. Please contact me at McCauleyfamilyof3@yahoo.com... Than...

    Johnna’s Answer

    The Houston Volunteer Lawyers Association may be able to assist you. You can find the information online.

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  • What do I do if my attorney hasn't let me know if ex has been served, what I need to bring to court, possible outcome, etc?

    Court date is 5 days away & 700 miles for me. My ex was awarded student loan debt (w/my name on it) in divorce. This is the ONLY bill he was given but he won't pay it. I paid my atty lots more $$, & all she said was "for enforcement". NOTHING has...

    Johnna’s Answer

    Your attorney should be able to answer these questions for you which is why you hired an attorney so put forth more of an effort to get ahold of him or her if you have not. Nonetheless, if you are having problems contacting your attorney then I suggest that you contact the court clerk where your papers are filed and ask them if the citation has been returned executed (which means he has been served) or unexecuted ( meaning he has not been served). You will need the cause number to provide to the clerk before they can look up your case. Additionally, many counties have online websites that you can view the information yourself.

    Unfortunately, a debt is simply a debt and a person cannot be held in contempt of court for failing to pay a debt. Contempt means the possibility of probation and/or jail time which is not allowed in Texas in order to collect a debt. Failure to pay child support, spousal support, violation of injunctions, and denials of visitation are the typical cases when a person can be held in contempt of court.

    So in sum, unless the student loan was termed as something other than a debt, such as spousal support, then you will likely only be able to obtain a judgment against your ex but not much else. A judgment however can be satisfied by a writ of garnishment action if there is a source of money to satisfy the judgment.

    You should call your attorney and inquire more about the process since it sounds like you need to be better informed. Good luck!

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  • My ex-wife and I have been separated for the last 5 years, and the Police will not leave my family alone while looking for her.

    During the last 5 years, I have been contacted by the Police on numerous occasions, due to my ex-wife not paying a $360 ticket. The Police have come to every home I have moved to in order to find her, they have gone to my children's school to spea...

    Johnna’s Answer

    Practically speaking, it would seem easier if you just paid the ticket so they will leave you alone. I cannot imagine police coming to your home, you having to move, and threats if hiding a fugitive are simply over a $360 ticket. Something dies not seem right about that scenario.

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