Kevin L. Colbert's Answers

How do i get a copy of divorce decree

To get a copy of your decree (you will need to get a certified copy), contact the county district clerk in the county in which the divorce was granted and order a certified copy of the decree. If the county was Harris County, you can go to the Family Courts building and request a certifed copy from the clerk's office in person. You will have to pay for copying and the certification.

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Is there a texas family code that states you have to file for sole custody if there was a history of family violence?

If there are allegations of family violence or a history of abuse, and there is credible evidence of the abusive conduct, then famliy violence does bar the appointment of joint managing conservators in Texas.

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Can I sell the house I'm leasing without the tenant permission

You can sell your house at any time; however, the real estate agent may have difficulty showing a house that has a "tenant" in it and you do not have control over the immediate appearance of the house. As far as a verbal agreement to lease the house, I am sure you have discovered that that was not a wise thing to do. You can send the "tenant" a demand letter stating the he needs to pay all rent due within 3 days, or you will evict him. The suit for eviction will be filed in the Justice of the...

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If i consult with an attorney about my divorce can my spouse hire him ?

Whether you were able to pay upfront or cannot pay for a couple of weeks, the attorney you consulted with about the divorce will have a conflict and will not be able to represent your wife. If this attorney does come in an represent your wife, you should file a motion to disqualify the attorney.

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A student posts false, damaging info about a teacher on myspace. A case for libel?

Maybe a case for libel, but the damages here are probably not that great. Students have since Aristotle's and Plato's time said bad things about their teachers. Instead of writing on the bathroom walls, today it is on a social media site. The better thing to do is inform the shool's administration of the statements, with proof they are false, and allow the school's administration to handle this.

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Can I file a motion for new trial on new evidence?

In Texas, the trial court loses its plenary jurisdiction over a matter by operation of law after 75 days from entry of a final judgment - here your decree. Your option now is to appeal, but bringing forth new evidence on appeal typically is not successful. Your attorney had the obligation to push for the new trial, not the opposing counsel (who would not want a new trial) nor the court. Time has passed and the motion for new trial, if filed, will not even be heard because the court no...

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Is wife entitled to any of the money her husband has inherited should they divorce. (Texas)

Property gained through inheritance during a marriage is separate property. If that property is an incoming producing property, the income received from the property during the marriage is community property.

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How to become custodial parent. ex wife is. She gave children to me 7 months ago. she still receives child support.

Given the situation (significant and material change in circumstances), you can file a motion to modify the possession order under the original SAPCR seeking to become primary custodial parent and relieving your obligation to pay child support to your ex-wife. Before you proceed, I suggest you seek the counsel of a family attorney in your area.

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Mother in Texas refuses to do DNA test ordered 4 months ago.

If the mother is refusing to have the DNA tested conducted that was court ordered, you can bring a motion for enforcement of the order and contempt against the mother. You may also file your own Motion for Genetic Testing, but the motion to enforce should be your first avenue. Consult with a local family attorney for assistance.

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Dealer sold vehicle without disclosing prior rental history and seemingly falsified Autocheck report. Do I have any grounds?

Dealers are required to disclose an accurate history of the autos they sell. You likely have a claim for the dealer's violating the Texas Deceptive Trade Practices Act. A consumer protection attorney in your area should be able to assist you.

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