Charles Heard's Answers

Can I file charges against adult parentings for helping children toilet papering houses under Texas criminal code

In Texas you have both civil and criminal remedies in this situation. That is, you could sue for damages, as well as bring down criminal penalties on people involved. The question is, do you really want this? Was the damage to your property really worth the damage your reaction might cause in your neighborhood? For lots of kids, having your house papered can be a sign of acceptance by your peer group. You might want to explore the whole incident a lot more carefully before you......

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Self employed small business owner and tax obligations

I agree with the previous answer. You need to understand the whole concept of "contract labor" well to keep from running afoul of IRS and TWC trip-wires. But the direct answer to your question is that you can certainly switch the status of someone you are using, if that is supported by reality. Just be careful.

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Do I have to have attorney to file Will in probate in Texas

Texas made the probate of very small estates much easier a few years ago by enacting a "Small Estate" procedure. A savvy layperson can manage the small estate procedure, and it is very inexpensive for an attorney to handle. Generally, it is a good idea to go though a probate process, as it settles all debts and passes the ownership interests to the heirs in a formal procedure. Otherwise, you can create clouds on titles that will follow property for years and even generations.

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Texas contract law, dispute with roofing company that has not started work

A big term in contract law is "consideration". Until there is some form of consideration exchanged, there is no contract by some measures. What did you exchange with the roofing contractor? If the answer is "nothing" (and you have to think about what the contractor may have provided you), then you don't have too great a problem. Even if the contractor could claim it purchased your materials, unless they were very unusual materials that could not be put to use on another project...

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If you are married and have been separated for six months can i legally draw out money from our joint checking account

Generally, both you and your spouse have a duty to provide each other the necessities of life during your marriage. One spouse can even obligate the other in debt if they need "necessities" that are not being provided. You have an equal right to money in a joint checking account with anyone else on the account. Just be careful to not abuse your ability to access that money, though. Your actions could be used against you before a judge or jury.

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Personal injury dispute over car damage from auto accident

The law does not provide answers to many situations that life hands us. This is what we call an "accident"...where both people were at fault. Both should take their respective losses and learn all they can from the experience.

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Is there any way to have a fathers rights terminated without the father having to sign over his rights?

If a parent abandons a child, Texas law permits that parent's rights to the child to be terminated. The lengths of time and the conditions vary. Abandonment means leaving the child in the care of another, and failing to provide any support for the child. Any evidence of intent is important, too. This is definitely an area where you will need the help of an attorney. For good reasons you can understand, terminating parental rights should not be done lightly or out of spite. Also,...

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If my wife and I got married before her divorce was finalized is our marriage valid, how do we divorce/separate in Texas

Texas likes marriage. Even if your marriage was void when you entered it, most cases on this kind of situation find a way to confirm a valid marriage. Generally, the Family Code in Texas favors joint custody. One of you will be Joint MANAGING Conservator, the other Joint POSSESSORY Conservator. The managing conservator will be the parent the child normally lives with, and the possessory conservator will be granted standard possession rights. BIG factors in determining custody in Texas...

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Do I have to pay child support for my ex-wife's daughter?

A step-parent has no child support obligation. The child's father should be paying child support. You can, possibly, as a current step-parent, obtain some rights to custody of a child, but it is an expensive process that MIGHT result in your intended outcome. As children get older, regardless of what their parents want, they tend to learn to vote with their feet. Maintain your relationship as best you can if you love this child. As she gets older, she will decide who she wants to see....

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I have medical and irs debt but i am on disability and cannot pay. can this debt be forgiven?

Depending on what kind of IRS obligation you owe, all of what you owe can be discharged in bankruptcy. This is an area where a good bankruptcy attorney will need accurate information, and should be able to help you at reasonable cost.