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Holly Schymik’s Answers

162 total

  • Can I still get an attorney if I signed a divorce waiver?

    I signed a divorce waiver and now I think I would rather have an attorney

    Holly’s Answer

    If the divorce has not been finalized (i.e., a final decree of divorce was entered by the court), you have a right to hire an attorney and the attorney can revoke the waiver. If the final decree of divorce has been entered, it is too late to revoke the waiver. You should act as quickly as possible to make sure the waiver is revoked prior to a final decree of divorce being entered by the court.

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  • Do i need to find a attorney here in texas or do i need to go to Virginia??

    Hi my name is Evelyn I need to change some information on my daughters birth certificate, I already sent a letter to Richmond Virginia vital records and their response was that i will need an attorney and will need to go to court.. i am currently...

    Holly’s Answer

    It will depend on what you are wanting to change. If you are wanting to change your child's name, you would need to go to court in Texas for the name change.

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  • How can I suspend my child's fathers parental rights.

    He calls maybe once a month, he does not pay child support. He has gone as long as 6 months without contacting him. My son is 7 and this is starting to affect him and I would like to get him completely out of his life. I do know it may be an issue...

    Holly’s Answer

    The Texas Family Code provides the ability to terminate a parent's rights if the parent fails to support the child in accordance with his ability during a period of one year ending within six months of filing a petition to terminate the parent's rights. However, if you it up to the court whether the termination is in the best interest of your child. The court will consider a number of things in making this determination, including whether their is a step-parent that will be adopting, whether you can support your child without the father's help, and how your child is being effected. If the father will agree to termination his rights, it is much easier and less costly. However, some courts require an amicus attorney in all cases before they will terminate a parent's rights (even though this is no longer mandatory under the Texas Family Code).

    I'd suggest you contact a local attorney to discuss your options. .

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  • Here is a doozy of a question for you guys!I divorced in 1981, My x, voluntarily relinquished his rights as parent to our son.

    A agreement to divorce was signed by both of us. I agreed to support son. In divorce decree, Judge did not mention the part about me supporting son. No child support order was signed , neither did Judge indicate he did not have to pay child suppor...

    Holly’s Answer

    Since your son is now 32, it is took late to go back and seek a child support order. You should look at the decree and see what is says about inheritance rights. If it does not mention them, you son would have the right to inherit from his father if his father dies intestate (i.e., without a will).

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  • Can you be considered an adult at the age of 17 in the state of Texas for purposes of moving to live with an alternate parent?

    I am asking for myself.

    Holly’s Answer

    No, the parent you want to move in would need to file a motion to modify with the court asking they be the parent that is allowed to establish your primary residence. While your preference would not be binding on the court, it is a factor the court will consider in deciding whether to allow the change in residence.

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  • Citation By Publication in Texas Question -

    Dear Experts, My wife and i filed the petition for termination and adoption where i am adopting her 6 year old daughter. I have a question on the citation by publication. My wife doesn't know who the father, it was a one night ev...

    Holly’s Answer

    The Harris County Constable's office will not serve publication in Chile. Getting publication done in Chile may be very expensive and time consuming. If y our wife does not know the name of the father, you need to look at Texas Family Code § 161.109 below.

    CERTIFICATE. (a) If an affidavit of status of child as provided by
    this chapter states that the father of the child is unknown and no
    probable father is known, a certificate from the bureau of vital
    statistics signed by the registrar that a diligent search has been
    made of the paternity registry maintained by the bureau and that a
    registration has not been found pertaining to the father of the
    child in question must be filed with the court before a trial on the
    merits in the suit for termination may be held.
    (b) In a proceeding to terminate parental rights in which
    the alleged or probable father has not been personally served with
    citation or signed an affidavit of relinquishment or an affidavit
    of waiver of interest, the court may not terminate the parental
    rights of the alleged or probable father, whether known or unknown,
    unless a certificate from the bureau of vital statistics signed by
    the registrar states that a diligent search has been made of the
    paternity registry maintained by the bureau and that a filing or
    registration has not been found pertaining to the father of the
    child in question.

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  • Can i be around other children while cps has placed my children?

    CPS removed my children from her care and have required both she and i to do services. Her rights are quite likely being terminated while CPS is inclined to put the children with me. I was offered by a friend to move=in, but she has children. Am i...

    Holly’s Answer

    The answer to this question depends on the court order or service plan in place. If you have an attorney you should ask your attorney this question. If you don't have an attorney, you should confirm with the CPS worker that she approves of this plan.

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  • Is my wife in trouble

    My wife is a senior in high school while she was pregnant and she was fine until the winter break she had the baby but the baby had to go to the nicu so my wife continued to go to school and visit him for about a month then she stopped going to sc...

    Holly’s Answer

    I agree with the previous answer. If you have a marriage license you should take that to the school. If you don't have a marriage license but consider yourself common law married, you should go to the county clerk where you live a file a certificate of common law marriage with the clerk and take a copy of that to the school.

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  • Can a custody mod be made if children are displaying large amount of behavioral issues after mom relocated from E coast to TX?

    Mom will NOT communicate with dad in regards to inquiries he has concerning kids including questions about education. Dad visit kids in TX and visited with school officials to discover several documented behavioral issues & counselor spoke about c...

    Holly’s Answer

    I agree with the previous answer. I would add that if you are attempting to move the children out the area where they are living and out of state, that can be difficult. Before changing the childrens' residence, the court is likely to want a social study completed. Also, if the children are older than 12, they will have a say in where they live. There preference is not binding on the court if the court finds that it is not in their best interest. What you have described is a somewhat complicated situation. I would advise you set up a consultation with a lawyer and bring all of the information you have gathered to the consultation for the lawyer to review.

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  • Divorce degree after final court hearing

    How long does it take to: 1. Get a final court hearing scheduled for a divorce degree in Collin and Dallas county? 2. Get the final divorce decree? Average times are fine, and any suggestions on expediting the matter are welcome

    Holly’s Answer

    • Selected as best answer

    If you have an agreed decree with a lawyer, you don't even need to schedule a final hearing in advance. You just show up in the morning with your decree and there are judges that do what is called a prove-up available almost any morning.
    If you are pro se and have an agreed decree of divorce, many court require that you submit it to them in advance for approval and some have special pro se prove-up dates.
    It is best to check with the court coordinator for the court where your case is filed to verify the actual procedures that you need to follow.
    If it is not an agreed decree, it can take a number of months to get a final hearing. Many courts will not let you set a final hearing unless you attend mediation, and require that a pre-trial hearing be set. If custody is contested, many court will require a social study prior to a final trial.
    The final decree of divorce is something that you or your attorney will have to draft, the court does not draft the decree for you.

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