Michael Krocker’s Answers

How can I talk to CPS about my dad who I believe is emotionally abusing me and my brother?

Michael’s Answer

• September 27, 2018 5:50pm

You can call 1-800-252-5400 and make a report to the Department of Family and Protective Services. You will remain anonymous when you make the report. You may want to use a phone that your father does not have access to the phone records of.

Do I have to give notice of hearing to my wife if I haven’t even gotten one myself ?

Michael’s Answer

• September 4, 2018 8:12pm

Your wife needs to be served with your petition for divorce or your most recent amended petition by a constable or process server. unless you collected a waiver of service At the same time, you can also serve her with the notice of hearing and temporary restraining order. Attorneys are notified by the Courts through a number of automatic systems whenever the Court signs something or sets a court date, but you are not signed up for those emails so it's good that you have been checking the District Clerk website. If you're filing TROs, you're doing your divorce very elaborately for someone doing it by himself. You should consult with an attorney or hire one so you do things properly and avoid delays.

Divorce case - What is OC trying to accomplish? How bad can this get really?

Michael’s Answer

• September 4, 2018 8:02pm

Mr. Baker is right. If you don't have an attorney, you need to hire one immediately. The opposing side will often try to leverage any fault such as an affair in mediation or the like. Sometimes their claims are valid and they have a strong case. Other times, it's not as dire as they make it out to be. As your trial date gets closer, it will become harder to find an attorney. 30 days until your trial date is a stone's throw away based on legal time frames. I take cases nearing trial, but not many family law attorneys do so the longer you wait, the harder it may be to find an attorney. That being said, if it's the first trial date, a continuance to push the trial date back should be fairly easy to obtain.

Remarry ex after we divorce, both agreed to move out of state and now falling apart again, is parenting plan and decree voided?

Michael’s Answer

• September 4, 2018 7:52pm

You should also pose this question to a family law attorney in Washington State as the law there may impact the answer. Typically, Texas orders related to children include a sentence that states that the order is void upon the marriage or re-marriage of the parties. Texas will not have proper jurisdiction over the divorce until you have resided in Texas for six months and the particular county for ninety days (unless there is an emergency situation with the children).

How will a theft charge effect my custody battle?

Michael’s Answer

• August 15, 2018 2:40pm

While the Court will consider the theft charge if it comes to light, it is a less significant charge than drug possession or assault. I think it would probably be overshadowed by other facts in your case. If you have an attorney, speak to your attorney about it. Your attorney being blindsided may hurt your case more than the charge itself.

I’ve been married for 3months .We have vehicle loan in both our names, how get I get out of that loan with adivorce?

Michael’s Answer

• August 14, 2018 5:06pm

You may be able to obtain a protective order (note that this is different from a temporary restraining order). The District Attorney or County Attorney's office may be able to assist you with this, free of charge. Once you hire an attorney to pursue the divorce, those offices are going to want the private attorney to file for any protective orders on your behalf.

Debts are a difficult issue in divorces. There are work around solutions, but the creditor's going to pursue whoever is contracted to pay the debts. Below is a link:

https://bayoucityfamilylaw.com/texas-divorce/marital-debts

Is it best to stay with my wife and son, or take my son and move out before separation terms have been legally agreed upon?

Michael’s Answer

• August 14, 2018 4:58pm

It's best to work out an informal agreement for custody and visitation until an order can be put in place. A temporary order will increase attorney's fees. If you can work it out informally and then enter a final decree of divorce in two or three months then you can minimize the cost and stress of the process. You should talk to an attorney about what a typical order looks like and how to calculate child support so you come to an informal agreement that will be somewhat consistent with your final order. Below are some helpful links (Unfortunately, Avvo does not allow hyperlinks in the answers).

Child Support:

https://bayoucityfamilylaw.com/suits-affecting-the-parent-child-relationship/child-support

Visitation

https://bayoucityfamilylaw.com/suits-affecting-the-parent-child-relationship/visitation

How can I get my divorce?

Michael’s Answer

• August 14, 2018 4:52pm

Yes, you can get a divorce by serving your husband through substitute service. An attorney may be able to locate him through a Lexis or Westlaw individual search. The substitute service process makes your case a bit too complicated to do as a DIY divorce using the texaslawhelp.org forms. Once you file, you'll have to wait at least 60 days to obtain the divorce. Furthermore once divorced, you'll have to wait thirty days until after the divorce to remarry unless the court waives the thrity day waiting period in the final order.

Whats the leagle age a child can choose who they want to live with if she is a minor?

Michael’s Answer

• August 6, 2018 8:34pm

A child that is twelve or older can confer with the Judge, and the Court will take the child's desire into account. However, a child cannot make that decision independently unless the child is eighteen of older.

How can I get a child that I been raising ssn since she was 2months old the father never been in her life n she lives with me?

Michael’s Answer

• August 6, 2018 8:32pm

You could look into local legal aid resources in an effort to find an attorney that will handle your case free of charge.