Jennifer A. Broussard’s Answers

Jennifer A. Broussard

Houston Family Law Attorney.

Contributor Level 8
  1. Decree enforcement: Will the courts let my ex slide while I'm still financially tied to a property debt?

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    2. Lori Lynelle Gosnell
    2 lawyer answers

    This response is based solely on the information you have provided and would be different if the information provided were changed in any way. So, the answer is very generic, but, the court can not hold a person in contempt for failing to do what they are unable to do. If he cannot get the house refinanced due to poor credit rating, excessive debt ratio, the fact that the house is worth less than is owed on it, etc., then the court could not hold him in contempt. The court cannot hold a...

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  2. I have filed for divorce in Texas, an uncontested one, but she filed a counter petition.

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    2. Lindsey Rae Obenhaus
    3. Jordan E. Watson
    3 lawyer answers

    1-Can we proceed with an uncontested divorce? Yes. Parties are always allowed to reach an agreement and keep a matter out of litigation. 2-Does she withdraw or dismiss so that we can finish? If so, how? She does not have to withdraw her counterpetition. HOWEVER, she has an attorney of record and that attorney must either sign the decree (and appear in court for the uncontested divorce), withdraw (which takes a formal hearing) or be fired AND that firing must be in writing, showing the...

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  3. Do I have rights if I have had physical custody of my son for the past 3 year to maintain custody leagally? (father)

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    2. Jahn Eric Humphreys
    2 lawyer answers

    You are in an excellent legal position as the Court will look at the mother's behavior and what it says. Three years ago, she said by her behavior that you were the better parent and that it was it was in the children's best interest to live with you. For three years she has done nothing to indicate that she thought that decision should change. Unless there are some extenuating circumstances which you question has failed to disclose, a court is unlikely to change custody just because she has...

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  4. Can the mother of my kids just take my kids without me saying that it is ok and we are still leagally married?

    Answered about 2 years ago.

    1. Bobby Lee Warren Jr.
    2. Jennifer A. Broussard
    3. Leonard M. Roth
    4. Eric B. Dick
    5. Barbara Lynch Schnack
    5 lawyer answers

    Mr. Warren is correct as to each parent's independent right to the children and to determine where they lay their heads to sleep at night. So, if you wanted, and you could do so without getting into a fight or tug-of-war with your wife, you can go to Geogia and retrieve your children. If you follow Mr. Warren's suggestion to file suit immediately, be certain that you obtain an order that your wife return the children to the State of Texas before or on the date of the hearing. That will...

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  5. Will the court hold this time period against me, since I cannot afford to pursue custody enforcement until 30 days afterwards?

    Answered about 2 years ago.

    1. Barbara Lynch Schnack
    2. Jennifer A. Broussard
    3. Lennea Michelle Cannon
    3 lawyer answers

    I agree with the two previous answers and would suggest that if the hearing gets set too late in the summer for you to get your full 42 (??) days, that you ask the court for all of Thanksgiving (if you do not get even numbered years) and all of Christmas as well as all of next summer as make up. Depending on the court you are in, your ex could be facing jail time, fines, reimbursement of your expenses, attorney fees and community service as well as probation.

    2 lawyers agreed with this answer

  6. Does a person have to have a lawyer to ask for and get spousal support?

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    2. Eric B. Dick
    3. Fran Brochstein
    3 lawyer answers

    Try Houston Volunteer Lawyers through the Houston Bar Association. Either look it up in the phone book or go online. To answer your direct question in a word, "NO" one is never required to have a lawyer. It just makes more sense to have someone trained in a very difficult and technical field to do what needs to be done for you in that filed. Would you operated on your own brain?

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  7. My ex is insisting he have a Standard Possession Order for our 3 month old baby including all the overnights etc...

    Answered about 2 years ago.

    1. Barbara Lynch Schnack
    2. Leonard M. Roth
    3. Jennifer A. Broussard
    3 lawyer answers

    The way you describe your relationship is a bit confusing? "Your ex??" Ex-husband? Ex-boyfriend? If you were never married, then he cannot demand anything. Even if he is on the birth certificate or if he registered with the Paternity Registry established by the State of Texas, he is not yet the legal father. Only a court can establish his legal rights if the two of you were not married. One of the ways he can step up and accept responsibility is to file a Parentage suit to seek to have...

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  8. If my mother never filed for child support and I am now 28. Can I file for back child support?

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    1 lawyer answer

    Unfortunately, no. The Statute of Limitations as to child support applies.

    1 lawyer agreed with this answer

  9. What do I have to do if my 17yr old son wants to live with me instead of my ex-wife who has custody?

    Answered about 2 years ago.

    1. Eric B. Dick
    2. Jennifer A. Broussard
    3. Barbara Lynch Schnack
    3 lawyer answers

    At age 17, the tactic I would attempt would be for you to file your motion to modify withTWO affidavits: #1 is the affidavit you must file setting forth sufficient facts to induce the court to grant you a hearing on temporary orders to even temporarily grant a change of custody and #2 an affidavit from your son stating his firm desire to live with you and SOME not all of the facts of his homelife. No Judge will in Harris county will deny you a hearing with that kind of information before it....

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  10. My ex continuously threatens me over the phone/internet..what is this called and what can be done??

    Answered about 2 years ago.

    1. Jennifer A. Broussard
    2. Pamela Koslyn
    3. Barry Franklin Poulson
    3 lawyer answers

    Since you are in Texas, I highly recommend that you initiate a parentage suit seeking not only to adjudicate his parentage and get child support but to show that he should not be allowed to have possession of the child except under supervised conditions in the State of Texas. That way you have a court order preventing him from taking your child and it can be enforced by the courts and law enforcement in Texas and any other state. That order can also include permanet injunctions as to how he...

    1 lawyer agreed with this answer

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