Joe D. Milner's Answers

What can I do if my 3 year old daughter screams everytimes she is told she is going to her dads for visits?

It sounds to me that you have been doing what a Court would expect you to do. However, it also sounds to me that there could be some information she has that she is not sharing with you. I would also want to know the level of communication between you and your ex. Can you talk to him? Is he in your opinion and involved and good father? She might be willing to share with a specialist what "he is mean to me" really means. I would take her as soon as possible to a professional who...

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Contempt of court

If you have a Court Order, such as a Final Decree of Divorce and he has violated a specific Order of the Court, then he can probably be held in contempt of Court. You would need to file an enforcement petition, have him served with the Motion to Enforce, and go through a hearing with a judge. The language needs to be very specific and the proof he has violated that specific provision of a court order needs to be clear.

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If a 16 years old daugther left home with the father of her baby, in Tx after 6 months comun law, as a parent what rights I have

I need additional information: What are the facts regarding their marriage? Was there a ceremony or are they claiming an informal (or "common law") marriage? Where do they live? Why are you concerned for the baby's safety? In other words, what has happened to make you concerned, other than the obvious (babies raising babies)?

What are the laws concerning common law marriage in the state of Tx?

What you refer to is an Informal Marriage under Texas law. The Family Code provisions can be found at http://www.statutes.legis.state.tx.us/SOTWDocs/FA/word/FA.2.doc. An informal marriage can exist if: 1) a declaration of their marriage has been signed as provided by Sec. 2.402 of the Code; or, 2) the man and woman "agreed to be married" (meaning that they agree as of that moment that as far as they are concerned they are in fact married), AND they lived together in Texas as husband and...

When does CUSTODY expire? When a "child" turns 18?

If the Decree says the mother has legal custody when she finishes her junior year, then it should say whether the mother gets to determine her legal residence. The Decree should make that clear. If she does not want to live with her mother or father, she can petition the court in her own name to have her disabilities of minority removed. Google Chapter 31. Removal of Disabilities of Minority in Texas for the information.

I am in a situation that my ex has put an family offense petition against me. can i get custody of my 2 year daughter

Your question seems to indicate that you think you may have lost the ability to have custody of your daughter because of the things your ex has said in the petition. The family offense petition is just one factor the Court will take into consideration, but it may be a significant factor. That depends on what evidence is brought to the Court to prove or disprove the accusations in the petition. If the allegations against you are that you are on drugs like marijuana, cocaine, crack or meth,...

Im divorced but my ex still harrases me and my girlfriend

The Penal Code provides: Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; .........., or (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment,...

How do I handle being double charged for a service?

I have found over the years that the best thing for you to do first is call your lawyer and have an honest discussion of the history that led to these charges. Tell your attorney what you have said here. It is not at all uncommon for ODRO's to be difficult to finalize, but this is too long and your attorney will explain if he/she can.