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"If (non-custodial parent) elects to begin a period of possession at the time the child's school is regularly dismissed, (custodial parent) shall surrender the child to (non-custodial parent) at the beginning of each such period at the school in w...
For you to comply with the court order, you get two options to pick up the kids. (1) at the time school is dismissed, or (2) at 6:00 at custodial parent's home. Your designated adult picking up the kids at 7 pm is not one of the choices. If you cannot comply, you are not going to be able to do anything. If you can comply, and then the custodial parent does not turn over the children, you can file a motion for enforcement, and depending on the court, it is likely that the custodial parent will need to pay some of the attorneys fees. You will need to document the process if you are going to strictly comply with the order, you can still file, but it will be a waste of your time. The court may still order make up time, but it's going to be the same problem, another order you must strictly comply with before you are able to do anything. I hope this helps. I know it is a tough situation, but strict compliance is the only way to get court orders enforced.See question
no response also requesting answer about award property garnishment $$ that i should have begun recieving on/about november 10, 2012. what should i do? contact state bar assoc? i don't no if he still my atty & it's been about 3wks since we've spo...
The total stop of communication is strange. It sounds like your attorney chose to withdraw for some reason, but you should have seen a motion and order allowing him to withdraw as your attorney. Before contacting the state bar, I would go to your attorney's office, sit down, and see if you can't have one more conversation with him. Perhaps something happened out of his control, like he was in a car accident - stranger things have happened.
If that doesn't work, you need to find a new attorney.See question
his mother has moved too another city and she left him with me, i have enrolled him in a school close too my house i have called the office wher my case was filed and tryed too have it documented but she is still reciveing goverment ass. so what d...
You will need to file a motion to modify, which will take care of the child support and visitation issue. Right now, you likely have limited visitation, not the full possession that you need to avoid enforcement/contempt issues. File a motion to modify both the child support and the conservatorship/possession and access to take care of it all at once. You will need to serve the mother somehow as well, and to get relief more quickly, set it for a temporary orders hearing.
To make sure you do this right, hire a lawyer. If it is not contested by Mother, this is a very easy situation.See question
She has full custody at the moment. With the recent arrest, I feel it is better that my son live with me. She has moved 3 times since August and my son is not getting the pproper education, support he needs.
You should file to modify custody. Always use a lawyer when a child is at risk, like here.See question
we have fights through text and phone, i think she has been negligent with my daughter who lives with her. she has her around a spending the night at guys house when she is not there and only knowing the guys for six days. she says i am a bad fath...
You should only be worried if there may be something there. That is hard to determine without talking with a lawyer. Most likely, she is continuing the argument along a different route - a custody case. Never, ever risk going into a custody case without at least consulting with a lawyer. The grounds, to specifically answer your question, are normally best interest of the child. If the orders haven't been changed and originally let her have your son, you need to modify them immediately because you are out of compliance.See question
My ex is requesting a dna test of my unborn child when there is no possibility of it being his child. The conception date is months different than the last time we slept together. He text me saying his lawyer needs receipts of drs visits, blood wo...
It really sounds like the ex is just bullying you. He is certainly able to get a DNA test, but most courts will wait until the child is born to avoid any risk to the child. The ex will also need to file a paternity action unless there is some court proceeding already in progress.
His lawyer can contact you but you do not have to speak with the lawyer. When the ex won't give you the information on the lawyer, either he doesn't have one (likely) or really is being difficult, which means you can expect every issue to be contested. It sounds like the ex is trying to claim the child as his own. Perhaps you should just cut off all contact with the ex and just wait to see if he is serious enough to file his law suit and serve you.See question
I plan to retire in 10 years. Could my ex-wife petition the courts to re-open the divorce case and seek payments from my retirement account? We signed a Property Settlement Agreement (notarized in Texas) regarding retirement accounts outside of th...
One thing you would want to look for is a reference to the property settlement (sometimes called an "Agreement Incident to Divorce" as well) in the decree. If it is referenced, you should be fine. If not, when she files, you will have to address the issue with the court, most reasonably through the estoppel defense and a res judicata argument. Res Judicata simply means the facts (retirement accounts outside of Texas) were known about at the time of the first decree and should have been litigated (or were, per the agreement) at that time. You may want to combine that with Rule 13 sanctions or some other form of request for sanctions to help the case settle quickly. Sanctions are used and appropriate in this case if she is abusing the judicial system to attempt to get relief she would not be entitled to.
Another thought - most retirement companies will not pay out to a non-beneficiary unless you set it up that way or there is a Qualified Domestic Relations Order (QDRO). The QDRO does not sound like it was drafted for the accounts outside of Texas. That means you probably need to see a lawyer and have them look at this property agreement and decree of divorce and see what your obligations actually are. You may be required to receive these funds and then transfer them to the ex-wife. If so, you are going to be set up as a trustee, and need to make sure you track the money clearly. Otherwise, you might be liable for those monies and breaching duties as a trustee.See question
on how we agreed to divide our assets?
If it is a standard waiver, yes. Take it to an attorney, many of whom will give a free initial consultation, and have them review it as part of the consult. The language will determine if you give up rights, including the right to be noticed before any hearing or final order is entered.See question
I currently live in TX & receive CS. Our son is 17 still in High school until he is 19. We are thinking of moving to vegas for my job. We are divorced and he never responded to jurd transfer before. Do I have to transfer my CS case to NV, if he ha...
The child support action will actually end up where you can only pursue it in Texas or in the home state of the obligor. It will not transfer to NV unless the obligor lives there. Interstate child support issues can be tricky, but certainly done. Any child visitation/conservatorship issues would end up transferring to NV in 6 months. Also, make sure you have the ability to move to NV under your current orders. You may need to file to change any geographic restriction located in the final order.See question