Cps came to my house yesterday and claimed my husband and i were doing drugs in front of my children. They asked if i would submit to a drug test or interview from me. I said i would not without an attorney. She then said that if they have to get ...
They can seek an emergency removal order and if they get one, you're doomed.
On the other hand, wanting an attorney is smart. You should get an attorney TODAY and immediately start cooperating with CPS to resolve their case. You don't have to take everything they try to force upon you, but you have to have some base level of cooperation or they will get the DA to file a termination suit against you and make you fight your way out of that.
CPS can be very abusive, so you are rational to want legal representation. And they will treat people with attorneys differently than they treat people without attorneys. But you have to get on board before they come at you with a vengeance.See question
GETTING DIVORCED NOW NEED TO KNOW IF MY MARRIAGE IS LEGAL.
At the time that you got married in Texas, your marriage in Texas was not legally recognized. If she is still married in VT, then you are still not married in Texas and therefore you cannot get divorced in Texas. In fact, if you are trying to get divorced in TX, what you should file is a Petition to Declare Marriage Void. If the marriage is declared void, there will be no division of property and no spousal support. If you have children together, there will still be a custody and child support issue to work through.See question
My daughter would like my current husband to adopt her. She is 18 and we not longer need her biological fathers permission. Can I use the PDF form found online for Harris county to do this? How do I find out the charges for this? And how long does...
Of course, I can't see what form you're talking about. I k now the Harris County Law Library has forms that will work. They probably have the Texas Family Law Practice Manual, which is 7 notebooks full of forms that are commonly used in family law cases. In fact, if you hire an attorney, that's the forms the attorney is most likely to use.
To get the filing fees, go to the district clerk's web site for Harris County.
If the judge will let you prove it up in an associate justice court, you can probably do it within a few days.See question
My father died about 2 years ago and he had no will. He has 5 children including my self, he had married a few years prior to his death but his wife (my step mom) only gives things to one of his kids because my step mom favors her but she won't t...
Normally I wouldn't just quote a statute as my response to a question, but I don't know what else to tell you. Here are the rules for distributing the property of a person who dies without a Will but with a living spouse. (Read the very end for how I think that law applies to your case.)
Est §201.002. Separate estate of an intestate
(a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.
(b) If the person has one or more children or a descendant of a child:
(1) the surviving spouse takes one-third of the personal estate;
(2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and
(3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.
(c) Except as provided by Subsection (d), if the person has no child and no descendant of a child:
(1) the surviving spouse is entitled to all of the personal estate;
(2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and
(3) one-half of the person's land passes and is inherited according to the rules of descent and distribution.
(d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.
So, his wife takes 100% of the community estate and one-third of his separate property. Assuming all 5 children are still living, each child would take 1/5 of 2/3 of his personal items, or 2/15 (about 13%).See question
At the moment i am currently still apart of the FBOP my girlfriend is on federal supervised release we cannot legally live together cause we are both felons however if we got married before i were released could they violate her, and if so on what...
Do not rely on an Avvo answer for this kind of matter. If you have a criminal defense attorney, ask him or her. Don't play with web site advice in circumstances like yours.See question
I would like to ask my step father to adopt me. I'm 31 and married. My step father raised me since I was 6. I have seen adults being legally adopted by step parents but I didn't know if it's still possible since I am married or if that even matters.
Yes. He can adopt you. Avvo requires answers to be at least 35 characters long, so here you go.See question
My mother is wanting visitation rights to my son. She says that she has a right to since my ex and I are divorced. But she hasn't had anything to do with my son. I'm confused as to what the laws are here in Texas and with her being in Arkansas.
That is probably the strangest thing I've read all night. ;-)
She has no rights in Texas based on those facts. A grandparent's rights in Texas are severely limited to situations where both parents are dead; the child's present circumstances are horrible; or the child has been living with the grandparent without the parents for at least 6 months.
None of that appears to be the case here.See question
My divorce was final a year and a half ago. We split custody and pay 50% each for the child's costs. At the time of divorce, we agreed that there would be no child support. My ex has filed for a modification so that she can receive child suppor...
You need a lawyer. The first thing I would do is file a No-Evidence Motion for Summary Judgment and try to kick the case out procedurally and early. I would also propound discovery on her and file for a protective order on anything that you think is not related to the suit (such as FB posts and text messages)
If you can't win on the MSJ, then I'd make sure she puts on a proper modification case, which is laid out in the case law. Some attorneys nail it. Others don't even come close.See question
My ex spouse drinks excessively and has a history of this. Last Friday when she came to pick up my son I saw she was buzzed and I told her I would allow him to ride with her. I ended up keeping my son. I worry that if I contiue to exercise good ju...
I am familiar with the judges in Collin and Denton counties and can assure that none of them would be happy with an intoxicated person driving (period) with a child.
First, make a list of each date when she has agreed to let you keep your son due to her being drunk at a pickup. Second, if your child normally goes to some day-care or after-school-care program, is she showing up drunk there for pickups? Third, follow Ms. Simpson's advice about the police.
Yes, it's time for you to take the initiative. If you can take primary conservatorship, you can sue for that but doing that really doesn't solve anything, by itself. The behavior is what needs to be changed, not the number of times per month the child is exposed to the behavior. So I would consider asking for a SoberLink device; an ignition interlock; an ankle bracelet; or an order that she can't drive at all with the child until she's done 90 in 90 and signed up for SoberLink.See question
I live in Montana my daughter lives in Texas and her mother kicked her out and took her out school if I pick her up then I would be in trouble
Pick your daughter up.
Then, after she is safe, you can ask a Texas attorney to look at modifying your order. Frankly, I'd leave it alone UNLESS your ex filed a motion to enforce the child possession order or applied for a writ of habeas corpus. Make sure the mother knows where your child is living once you get her. You could sue to modify the order and have the mother pay child support, but at the age of 17, that might not be worth it--and it might motivate her to fight to bring your daughter back into what is apparently and unhealthy household.See question