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Brian Michael Andrade
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Brian Andrade’s Answers

55 total


  • Uncontested Divorce

    Hello, Me and my husband would like to file for divorce. We have no kids, no community property and are married for 3 years and 2 months. What is the minimum time we would be able to receive a judgment from the day we file the divorce ? Th...

    Brian’s Answer

    61 days from the date of filing. Exceptions can be granted, but only in specific situations.

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  • Can I take my daughterback to school on Monday? Non custodial parent

    This is my visitation weekend with my daughter. My question: Can I return my daughter back on Monday? I have extended possession orders and usually return her on Mondays during school time. My ex is saying she is coming to pick our daughter up on ...

    Brian’s Answer

    Expanded standard usually allows you to return the child at the time school starts. In summer months, the order may specify something different. So it is not possible to give you an opinion without seeing the order. The key here is reasonableness, if your child doesn't have her school clothes, lunch box, back pack with you then it's probably best to let her go home, so she can start the week off right and without a fight. Also, there is nothing stopping you from meeting your child at the school and walking her to class, unless your order says otherwise. Find a compromise that works for everyone, especially your child. A few hrs here or there in the grand scheme of things won't make that big of a difference for you, but a first day of school battle may be remembered by your child for the long haul.

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  • Can my boyfriend sign his rights away even though he's on child support?

    Before me and my boyfriend started dating he was in a relationship with another girl had a kid and broke up, I came in the picture and had a kid with him and now she filed child support on him and now he has to pay. All his work check goes to back...

    Brian’s Answer

    "signing away rights" or termination of parental rights is a major decision and should not be taken lightly. Today you feel the financial burden of the support and back support, but that may be a temporary problem, whereas termination of rights is a permanent fix for the temporary problem. With that said your boyfriend can not simply choose to terminate his rights, his rights can be terminated under certain circumstance including by agreement. If the mother wishes to terminate and the father wants to terminate, then generally a solution can be found. However, if Mother does not want to terminate father will not be able to simply walk away from his obligations.

    It's probably best to get a child support review and consult with an attorney. It's possible to find a manageable payment plan without the extreme response of terminating rights.

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  • What is a legal separation? How may I possibly have spouse medically (chemically imbalance) checked?

    Married 44 yrs, in our 60's

    Brian’s Answer

    You would need some seriously compelling reasons to force medical examinations on an unwilling person. Texas does not have a legal separation status. You can be married or not married. If you want to stay married but change the way the law addresses your income you can consider a marital agreement.

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  • My family law attorney says he doesn't want to hear anything when I tried to speak. I feel it is relevant to my case

    Such as my wife has a mental impairment, receives SSI, while we are still married she lives with her boyfriend with my eight year old daughter, abandoned our minor son for three years straight and doesn't care to visit with him, while hiding my da...

    Brian’s Answer

    Your response alludes to a number of issues not being stated and frankly there are always multiple sides to every story. It is difficult to put myself in your shoes simply by reading a paragraph. The person with the best insight into this situation right now, besides you, is your attorney. I can only assume if your attorney isn't considering certain evidence, it's based upon experience in that situation or with that court. With that said, you are the client and are therefore empowered to select counsel that will represent you the way you feel you should be represented. So consider the situation, your goals and your attorney's advice, if you are not satisfied, consider looking into other counsel.

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  • If i am 17 years of age am i allowed to go with either parent if the custody is joint?

    i am 17 and i want to live with my dad but my mom refuses, can i just go with my dad with no problem?

    Brian’s Answer

    As I'm sure you know, it's difficult for a parent to force a 17 year old to do anything they don't really want to do. Generally this influences parents to work together to ensure the child is taken care of. Regardless, the orders of the court are still in place and you and your parents need to follow them, unless your parents agree to an alternative arrangement.

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  • I am a resident in the state of Texas and I was wondering if in any way I could get emancipated.

    My parents are getting a divorce and the issue is my stepfather. I have been trying to get a job for a while now however because of the holiday season ending people are being released instead of getting hired however my stepfather is getting after...

    Brian’s Answer

    You must be at least 16 years old
    You need to be living without your parents or other legal conservator
    You must be managing your own financial affairs, generally, employed and able to support yourself.

    If you meet the above, and wish to proceed, contact a local attorney for a more detailed response.

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  • How do I file a motion for a TRO against my ex-wife to keep her from taking my daughters and moving five hours away?

    In the final divorce decree there are geographical restrictions placed on my ex-wife but now she is in the process of trying to move 5 hrs away.

    Brian’s Answer

    Assuming your decree has a geographic restriction, you will need to file a motion to enforce rather than a TRO. Also, decrees often require notice before moving. If you suspect your former spouse is moving and notice hasn't been provided you can begin your motion to enforce there. Motions to enforce are complicated and require an experienced attorney to ensure everything is done correctly.

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  • If a divorce mediation has been filed with the court, how can it be modified?

    My wife had a prescription drug problem and I feel she has relapsed. She blacks out when she uses. We have children and as a result I don't feel they are safe in her care. We have 50/50 possession of them. On more than one occasion our oldest son,...

    Brian’s Answer

    The responses on this inquiry are spot on. If you have serious and legitimate concerns for the welfare of the child then you need to pursue some of the options mentioned above. Work with your attorney and make sure you stay informed on the CPS investigation. The CPS determination could make all the difference.

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  • How can I protect my child from retaliation from her parent she lives with when I file for custody?

    Texas. joint custody, wife has residency rights. Child has cried out to me about the abuse & neglect in the home and said I can't tell anyone or her mom is going to do something bad to her. Child also is afraid to confide in anyone out of fear. Wh...

    Brian’s Answer

    This situation can be very complicated. One option is to file a TRO when you file the modification. If the court finds that the child is likely to harmed the court can take immediate action and place the child with the safe parent. However, the burden is high for this extraordinary measure, so you will likely need the assistance of an experienced family law attorney. Also, depending on the age of the child, consider requesting the court to conference with the child so these allegations can get before the Judge.

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