Patricia Faye Bushman's Answers

How do I Termainate voulntary POA/legal guardianship/sole managing conservatorship in houston texas? thanks in advance

The power of attorney is not legally binding on you. All you have to do is file a revocation and it is done. You should be able to just pick up your child at any time and take her home. You mother could be charged with kidnapping if she doesn't return your child. (Do both you and the child's father want her back?). If the police won't help, you might have to file a habeus proceeding with a Court, but it shouldn't go that far. Good luck to you.

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If my ex-husband purchased property while we were married but my name is not on the deed am i entiteld to half the property?

A great deal depends on what your divorce decree says about the property. Your husband can't give away something he doesn't own, so if the property is half yours, he can only give his new wife part of his half. Call my office for a free consultation to discuss your options.

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If i can prove X husbands drug abuse can i have visitation changed to supervised, and have him take a drug test before visit?

I have seen people try to explain away stuff like this. It depends on how the Courts in your area view this stuff. Generally, this kind of thing would give you cause to force him into supervised visitation to protect the children. Don't try to do this alone, call an experienced family law attorney to make sure it happens.

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How do I get half of my soon to be ex-husband's 401-k plan after our divorce is final? Is this a separate case after the divorce

You are going to need a QDRO (Qualified Domestic Relations Order) to actually get your portion of his 401k. It is a separate order from the divorce decree and normally costs extra since preparing and getting a QDRO approved by the Plan Administrator is often a complicated and time consuming task. For educational purposes only. No attorney-client relationship was created by this communication.

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Can my son's father obtain custody if he doesn't pay child support?

There are a number of factors, based on what you posted I think your ex shouldn't be able to take custody. I'm not sure why you think it is a problem bow, if something is happening now, you should speak with a good family law attorney to discuss your options in detail.

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Can he get out of paying child support?

No. He can't make you change the child's name without a court order showing that he is the father and has the right to have the child named after him and if there is an order saying he's the daddy it will also say he has to support his child.

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Do I have to have an attorney to file for an enforcement of a divorce decree?

Unless you are sure you know exactly what to do and how to do it, it would probably be wisest to hire an attorney to help you with this. Enforcements are tricky. If you don't do them exactly right and you lose. Since you have a stipulation like this in your decree, you probably had an attorney for the divorce. Talk to him or her again and see if they think it is worth the time and expense. For educational purposes only. No attorney-client relationship was created by this communication.

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I live in texas and am married in mexico i want a divorce how do i go by it

You can file a divorce here in Texas as long as you have lived here 6 months or more. You will have to be able to serve your wife with the paperwork, but she doesn't have to agree. I can help and would be happy to talk with you about your case.

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What does it mean when the judge put on your divorce that the waiver of citation is defective

A waiver must have certain information and be signed in a particular fashion. The one you filed must not meet the rules.

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If Cps has 3 abuse cases from 3 different children against my ex and I take her to court what are chances I'll get custody?

It sounds like you may have a good case, but there are a lot of factors to a custody case. You should talk to a good family law attorney in your area to explore your rights. Good luck.

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