Kathleen Rolston Robbins’s Answers

Kathleen Rolston Robbins

Houston Family Law Attorney.

Contributor Level 13
  1. My son are resident it Texas, my wife legally is still commuting but live in Wisconsin,can she take and change my son residency?

    Answered 8 months ago.

    1. Kathleen Rolston Robbins
    2. James D. Roark
    3. Maria Sara Lowry
    3 lawyer answers

    Until a divorce is filed and the court issues an order about who your child is to live with than either of you can take him. If she takes him to Wisconsin, you can go get him - until there is a court order. The child would have to live in Wisconsin for 6 mos before the Wisconsin court would have control. I highly recommend you talk to an attorney asap and file here in Texas. The Texas court will enter an order about where the child is to say once some evidence is presented or you and your...

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  2. My girlfriend ran away with me, and she is 16 1/2. I JUST turned 20 years old. Does Romeo & Juliet Law apply here?

    Answered over 1 year ago.

    1. Kathleen Rolston Robbins
    2. Reid A Seino
    3. Daniel Patrick Hanlon
    4. Alexander Mchenry Memmen
    5. Stephen Neil Foster
    6. ···
    7 lawyer answers

    In Texas the age of consent is 17 for sexual activity. You are more than 3 yrs older than she is so the Romeo and Juliet law does not apply. If you and she are having sex you can be charged with sexual assual of a child, a felony. You can also be charged with harboring a runaway. At 18 she is an adult under the law and can live where she choses. Her parents can go to the DA and the DA can file charges against you.

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  3. In the state of Texas, is a final order necessary after a joint non suit is filed with the court.

    Answered over 1 year ago.

    1. Kathleen Rolston Robbins
    2. Mark Allen Land
    3. Adam Kielich
    3 lawyer answers

    It sounds like there was a bill with a balance at the time you filed the nonsuit. The Amicus would have to sign the Non Suit before the judge will sign it. Either pay the amicus or work out a payment plan with the amicus and then ask the amicus to sign the nonsuit. Then the judge will sign it. If you and your ex had attorneys, ask the attorneys to handle this matter.

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  4. My parents are divorced and I'm 17 . My mom has full custody but I want to live with my dad. Do I have the right to choose?

    Answered 6 months ago.

    1. Lisa M. Vanauken
    2. Kathleen Rolston Robbins
    3. Dorothea Elaine Laster
    4. Adam Kielich
    4 lawyer answers

    Your dad would have to file a Petition to Modify the order that says you live with your mom. You would then be able to talk to the judge in his/her office and tell why you want to live with your dad. Your mom and dad can both put on evidence about where you would live. Then the judge would decide.

    6 lawyers agreed with this answer

  5. Why was my divorce with children case appointed an Amicus Attorney instead of an Attorney Ad Litem?

    Answered over 1 year ago.

    1. Kathleen Rolston Robbins
    2. Michael J. Crawford
    3. Thomas G. Simchak
    4. Bryan L. Walter
    4 lawyer answers

    In the past an attorney ad litem was appointed in contested custody cases in Harris Co. A few years ago the courts started using an amicus attorney. The ad litem has to do what their client wants - the child - if the child is old enough to have an opinion. Since children can be easily influenced - "I'll take you to Disney World if you live with me" - the ad litem can be in the position of having to push for the child to live with the parent the child requests rather than the parent that...

    6 lawyers agreed with this answer

  6. My wife file for a divorce. Can I request an alimony from her?

    Answered about 1 year ago.

    1. Alexis Ann Kern
    2. Kathleen Rolston Robbins
    3. Sherrie Haussner Travers
    3 lawyer answers

    In Texas we have spousal maintenance - not alimony. You have to be married a certain number of years, usually 10, but there are some exceptions. You also have to have few job skills and little work history. It sounds like you are working so I don't think you will meet the criteria. However, schedule an appointment with an attorney in your area and discuss the details of the situation. You may qualify.

    5 lawyers agreed with this answer

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  7. Tx cps just served me with court papers motion to participate. if I move out of texas will that stop cps.

    Answered about 1 year ago.

    1. Kathleen Rolston Robbins
    2. Maria Sara Lowry
    3. Matthew L. Harris Esq.
    3 lawyer answers

    Apparently you are concerned about being positive for marijuana. The court will provide you with an attorney to represent you if they file court papers to take your children away. YOu will have to do certain things, like go to drug counseling, have a job, a place to live to keep your kids. YOur lawyer will help you with all of that. If the court papers are not filed to take your kids, CPS may just get you to go to drug counseling and drug test you to make sure you are not using. Either way...

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  8. What can he do for his visitation rights?

    Answered over 1 year ago.

    1. Kathleen Rolston Robbins
    2. Monica Elaine Williams
    3. Lee Alan Thompson
    3 lawyer answers

    He needs to show up on time for each visitation. If she does not have the children ready to go (not home, won't answer door, etc) he needs to keep notes on day, time, etc. Can video with phone of camera as well. Once this has occurred 3 times, contact an attorney to enforce his visitation rights. If the court finds mom in contempt for not following court order, the court may order her to pay his attorney fees for the enforcement. Does his decree have a morality clause - says no overnight...

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  9. Can I get divorced while deployed and before Wife's baby is born?

    Answered over 1 year ago.

    1. Kathleen Rolston Robbins
    2. Robert Sterling Guest
    3. Jacqueline R. Kriebel
    4. Rachel Ambler
    4 lawyer answers

    I am guessing you meant divorce was filed in 2/13 - if in 2/12 the baby would have been born 11/12 so this would not be an issue. In Texas you can file for divorce before a child is born but you cannot finalize divorce until after the birth. The husband is the "presumed father." DNA can change that and the bio dad can be named dad in the divorce decree. AS to dad being deployed = you didn't say when he returns. If Dad is back by the time baby is born, then divorce can go forward. If not...

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  10. What is the legal age in the state of Texas to legally move out?

    Answered about 1 year ago.

    1. Kathleen Rolston Robbins
    2. Maria Sara Lowry
    3. Thomas James Daley
    4. Gwendolyn Anne Joy Simpson
    4 lawyer answers

    You are an adult under Texas law and can move out. If you marry prior to 18 (requires parental consent) or emancipated (requires court hearing ,attorney, and costs $$$ and you have to show you can support yourself - not be supported by somebody else), then you can move out prior to 18.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful