hes been here since he was 7 years old we have gardianship his mom passed in mexico and we just want to know if we can sponsor him so he can get his citizenship
I'm going to repost this as an immigration question for you. I think the answer to your question is YES, but I'm not an immigration attorney. Sorry to hear about the child's mother.See question
When her kids where taking from her she was sick in the hospital
I'm not able to understand you completely. It sounds like your daughter was in the hospital and CPS took her kids away. Now her case is closed and she can come get her kids back. Are those the correct facts? What is your question.
You might try the Google Translate service. Type your question in your language and then let Google translate it to English for you. It's not perfect, but it's very good.
Good luck!!See question
Divorce case is pending in houston, after it was transffred from Victoria TX to Houston. marriage is short 3 yrs, no kids and property involved. Only few community debts are involved. Family court in voctoria transffred the case to houston. New fe...
Venue and Jurisdiction are two different concepts. If you have lived in Texas for at least 6 months prior to when the divorce was filed, then the state courts in Texas have jurisdiction over your divorce. Jurisdiction is not permissive. That means that you can't file in the wrong jurisdiction and just "go with it." There does not appear to be a jurisdiction problem in your case.
Venue has to do with exactly WHICH state court hears the case. Venue is permissive. Whichever county you lived in for at least 90 days prior to filing is the correct venue. So if you had been living in Victoria County, Texas for the 90 days preceding when you filed for divorce, then Victoria County, Texas is the correct venue. However, if you had been living in Harris County, Texas for the 90 days preceding the date on which you filed for divorce, then Harris County is the correct venue. Because venue is permissive, even if you file in the wrong county, if the judge will hear the case and neither of you objects, the case can go forward.
From your facts, it doesn't sound like your case was transferred per se. Sounds like maybe it was dismissed or abated in Victoria County and then refiled in Harris County. I say that because if you transfer a case, you don't have to pay a new filing fee. There are some transfer fees, but they don't usually amount to much.
There are two kinds of jurisdiction: Personal and Subject Matter. If you don't have any property and you don't have any children (for child support), then all you need is subject matter jurisdiction over your spouse. If your spouse was served, filed an answer, or filed a waiver prior to leaving Texas, then you can just proceed with your divorce. If your spouse did not do any of those things, then you need to get service on your spouse before the case can proceed.
You can ask for the case to be reassigned or that the judge be recused. I don't know what basis you would have for that. Don't mess with motions like that unless you talk to an attorney in person and go over the facts of your case in detail.
I know you don't have an attorney, but you need one. Even if you contact an attorney by phone and enter into an agreement for the attorney to review your paperwork and help you along, that would be better than the situation you're in right now. At this point, you can't even seem to get past the first step. That's probably not your fault, but you probably need an expert to get your case back on the right path.
Good luck!!See question
My wife and I are divorcing. She lives in Tarrant county and I live in Harris County. I see no indication that a peace bond can be applied for in Tarrant county. I suspect she may destroy our house that she lives in out of spite so I'd like to tak...
Sorry to hear you are having to endure such difficulties.
The best procedure is to file for divorce in your local county. As part of your divorce petition, ask the court for a temporary ex parte restraining order that prohibits the conduct you are concerned about. Serve your wife with the divorce petition and the temporary restraining order and it will have the effect you were seeking to achieve through a peace bond.
You can apply for a peace bond in Tarrant County, but it won't do what you want. A peace bond involves the forfeiture of the bond. The bond will probably be paid out of community assets. So the violation of a peace bond results in the loss of community property--the opposite of your desired outcome.
On the other hand, a TRO can be enforced through the contempt process, which means your wife can be put in jail if she violates it.
Good luck!!See question
I had a court case for paternity and the other party wanted back up child support and to decide when I can see my daughter so we went to final court and judge decided my child support payment and denied back up child support and gave me my visitat...
If the court reinstates the case, it will be in exactly the same place as it was when it was dismissed for want of prosecution. Based on the court denying retroactive ("back") child support, it sounds like this might be good for you. What you need to do, if you want to nail down the judge's order, is draft a final order, give the other parent a chance to review the order, then file a motion to sign the final order.See question
We filed a divorce by ourselves and the final decree was done on April 2nd. There was an incident in regards to my x picking our son up at the daycare. After review of the final decree it doesn't show the information in regards to what we discusse...
Time is running out. You need to consult with a family law attorney this week and pay them to file a motion for new trial. You absolutely must do this if you want any change at all in fixing this quickly. Once the court loses plenary power of the case, you have a much more expensive suit on your hands.
Do not try to file a motion for new trial on your own Recent (2013) changes to the law make it more difficult to get a new trial. The court used to be able to grant a new trial "in the interest of justice", but the judge can't do that any more. There has to be a well-articulated legal basis to get a new trial.
You don't have to start completely over, I hope, but you do have to get a new order drafted and signed by the court.See question
Had final hearing on divorce 3 weeks ago. Now my attorney is telling me that my cost of the divorce did not include the decree.
I don't know who you hired, but if you hired one of these really inexpensive attorneys--who say they'll handle a divorce for $599 or some outrageously low fee like that--make you pay extra for every little thing they do. It guess it's a legitimate business model, but only to the extent that the fee agreement makes the terms and conditions and scope of services very clear.
The other side is that if your attorney won't prepare the decree without getting paid more, you can just go hire another attorney to draft the decree for you. Just as a measurement for you, an attorney who works by the hour might charge $800 to $1600 to draft a decree, assuming there are children involved AND your ex signs the decree without the necessity of a contested court appearance.See question
My "husband" and I've been separated since 1991 and he told me in 2000 that he filed for our divorce and that I didn't have to sign anything because we agreed to the divorce but I've recently learned that this was all untrue. I have filed for the ...
I would amend the petition to claim retroactive child support as long as your children are not too old. You need to invest in a consultation with a good family law attorney in your area. Going at it alone like this could lead to you losing significant rights. For one thing, depending on the nature of the settlement, you might have a property interest in the settlement itself, irrespective of the child support issue. To protect yourself, you should immediately have an IL attorney file an intervention in the lawsuit that is paying the settlement. If you intervene in that suit, which you almost definitely have the right to do, no settlement will get paid out until your case is resolved.See question
I impregnated a woman from Texas. The baby is due in November. I have one daughter from another relationship my daughter is 8. I don't have a formal court order of support/custody for my 8 year old. The mother and I share custody one week on one w...
Under the Uniform Interstate Family Support Act (UIFSA), the child support obligation should be handled in CA. Your smartest move would be to file a child support case YOURSELF in CA as soon as the baby is born. That's a belt-and-suspenders approach to keeping jurisdiction in CA.
If you dare travel to TX before a suit is pending in CA, she will have you served in TX and the case will be handled under TX law. Consult a CA child support attorney for more specific advice.See question
Texas Standard Possession order summer possession. The NCP has chosen to exercise their extended summer possession in 2 periods. The first period is 11 days and the second is 18 days for a total of 30. These two periods are bookended by the first ...
NCP has found a way to game the order. Unless the order states that multiple periods of possession must be separated by X days, I think NCP wins this round, unless CP designates that first weekend in July as the weekend to interrupt her "30" days.
Ninety percent of my cases are in Collin County. I completely understand the frustration of NCP playing around like this. But unless there is some harm to the child, I don't think any one of the judges up in McKinney is going to be happy over parents arguing over 2 or three days of summer possession. We have great judges who work hard and give every case due consideration. At the same time, when parents can't agree on minor issues like this AND fail to articulate how it is affirmatively harming the child, the parents won't enjoy a warm experience in the courtroom.See question