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Mark Louis Scroggins
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Mark Scroggins’s Answers

34 total

  • Want to get custody of our granddaughter who lives with us. her mother is doing drugs. how do we go about doing that?

    My daughter and her child live with us and my daughter has already o.d'd once in my home and is still doing heroin. I have confiscated needles and spoons. She is in total denial that she is doing anything, but me and my husband are scared for th...

    Mark’s Answer

    Filing a lawsuit against a child to protect a grandchild is one of the most difficult things a person can do. However, based on the facts you have presented, there is a way to achieve your goals. I would strongly suggest that you consult with and hire a board certified family lawyer to walk you through the process as it is complicated and there are a lot of moving parts in this type of family law litigation. He/she can inform you about the process and what to expect throughout the course of the litigation. Good luck!

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  • Do I have any recourse against my ex if he is possibly trying to turn my child against me and my family.

    I have noticed when my 3 year old returns from possession with his father ,he tells me he doesn't want me, doesn't love me,hates me wants to stay with daddy.Few weeks ago,came home and called me a SOB and when I told him not to say it,he stated" d...

    Mark’s Answer

    I would strongly suggest consulting with a board certified family law attorney as there could be multiple ways to proceed based on the facts of your case. Parental alienation is a serious problem and depending on the language in your divorce decree, you may be able to bring an enforcement action if there is injunctive language that has been violated. Additionally, you may want to file a Petition to Modify seeking to modify your ex's possession and access to your son. A counselor for your son will likely be necessary as well. Best of luck.

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  • Hello. I wanted to know how do I go about getting my child support lowered. I live in El Paso, TX and my ex-wife lives in NV?

    I currently pay $960.00 a month in child support for 2 kids. The child support was generated in San Diego, CA where we got divorced. My kids live in Henderson, NV and I live in El Paso, TX. My e-wife has re-married and she has a child with her hus...

    Mark’s Answer

    You should contact a board certified family lawyer to assist you in determining where suit would have to be brought to address your current child support amount. With the original order being rendered in San Diego and the kids living in Nevada, the Uniform Interstate Family Support Act will apply and address that issue. Good luck!

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  • What to do in visitation situation?

    Mom gets standard visitation. Doesnt see them like she is suppose to do. She has her parents come get the 2 kids and exercise her visitation rights. I told them cause theyre not takimg them to her her theyre no longer coming to get them. And then ...

    Mark’s Answer

    The most important thing you can do is hire an attorney to assist you in your current situation. A Court has wide discretion in crafting an order that is in the best interest of the children. If your ex is not exercising her possession, the Court may be willing to modify. Hire a family law attorney to help evaluate your options. Good luck.

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  • Does a parent have the right of first refusal at any time or situation that meets the order criteria?

    My orders have the generic wording that if any parent is away for more than 4 hours that the other has the right of first refusal. The father of my children is refusing to let me have our kids while he is at work for his 8 hour shift. He claims th...

    Mark’s Answer

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    The language of your Order is going to dictate the circumstances under which a right of first refusal can be exercised. I would strongly recommend that you have your attorney (or hire one if you do not have one) review the language of the Order to determine if you can exercise the right of first refusal during your ex-husband's work schedule.

    Also, if your husband is designating someone to do pick ups and drop offs who is specifically restrained from doing so, you should talk to your attorney about the possibility of filing an enforcement motion.

    Best of luck.

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  • How to I change a child custody case from Colorado to Texas

    I would like to change my child custody case from Colorado to Texas. Neither party lives in Colorado my ex husband lives in Idaho and I live in Texas. It is very hard and expensive to keep traveling to Colorado. How do I do this.

    Mark’s Answer

    The key question you have to answer is where the child resides. If the child resides with you in Texas, and has for over 6 months, you may be able to file suit in Texas under the Uniform Child Custody Jurisdiction and Enforcement Act. Please consult and experienced family law attorney who can review the facts of your case to help in determining if that is a viable option for you. Good Luck!

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  • My child's father is Canadian, I am from Texas. I want to sue for child support. He is not listed as the father. What do I do?

    He is definitely the father of the child. I have his social security number (the Canadian equivalent of) but I have not been in contact with him for over two months. I want him to be listed as her biological father so that 1) she may have dual ci...

    Mark’s Answer

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    You can file a suit affecting the parent child relationship seeking to establish parentage. Any time you file suit against a resident of another state, or country for that matter, you need to be able to establish that the court in which you are filing can obtain jurisdiction over the other party.

    You should seek out an experienced family law practitioner who can assist you in the jurisdiction question and walk you through the process of filing and prosecuting the law suit. Good luck!

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  • Do I have to have supervised visitations with my kids if cps dismissed the case?

    My soon to be ex wife is raising sexual allegations and cps investigated but dismissed the case. my wife is upset because of adultery and she is wants me to see my kids supervised only. No charges on me or any criminal history.

    Mark’s Answer

    The judge in your particular case is the person who will make the decision of if you, or your spouse for that matter, have supervised possession of your children. The court will look at all of the evidence that is offered by the parties and render decisions regarding conservatorship and possession and access. The court will take into account any allegations filed with CPS, CPS' investigation of same and the outcome of the investigation. Courts do not haphazardly order supervised possession, so it must be determined that supervised possession would be necessary in your matter to protect the best interests of the children.
    You will definitely want to consult an experienced family attorney to assist you in this matter. Good luck.

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  • Does exclusive right to establish the child's primary residence mean?

    Does that mean that the Home Parent can establish the child's residency? To prevent the Home Parent from moving should a geographical restricting be put in place?

    Mark’s Answer

    Yes. Typically, one parent joint managing conservator is going to be awarded the exclusive right to establish the primary domicile of the child. The awarding of this "exclusive right" also frequently brings tax advantages that you should discuss with your attorney.

    Geographic restrictions are common. The restriction can be extremely narrow, or fairly broad. For example, the residence might be restricted to a particular school district or the county of residence and counties contiguous thereto.

    Talk to your lawyer about these issues. He/she can shed more light on the subject and help you to structure rights, duties and restrictions which are appropriate for the facts of your case.

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  • How do I go about proving overseas income for child support?

    My Daughter's Father plays basketball overseas. I want to file child support but how do I go about finding out his income? He does not pay taxes. I'm afraid that the Attorney Generals office will make him pay less b/c I have no proof of his income...

    Mark’s Answer

    The good news is that you can often obtain the information you are seeking through the discovery process. The bad news is that when you are seeking such information from third parties that are out of the country, the process is often slow and mired in red tape. The procedure for the relief you seek is usually found in the Hague Convention depending on the country from whom you are seeking information.

    Your first step is to contact and hire a highly qualified family law attorney in your area who is familiar with international discovery matters in family law cases. Good luck.

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