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David Warren Wynne
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David Wynne’s Answers

142 total


  • What are the chances he will get any type of custody in his favor?

    The father of my children has been in and out of jail for the past 3-4 years for the same felony, non violent offenses. This has been most of the childrens' lives as they are only 5 and 4. He is currently in jail and seeking shared custody when ...

    David’s Answer

    Family court decisions are made based on the child's best interests, and it is unlikely the court will remove your possession of the children. He may get some minimal visitation, though.

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  • Can a Texas Public Library require father's name to allow a minor to check out books?

    Can a Texas Public Library require father's name to allow a minor to check out books? All students at my library must have a form filled out by a parent before they can check out books. I understand the need for the information, but the library ...

    David’s Answer

    This is actually a really interesting question. I do not know the answer, and I'm not sure that the law has a clear answer. Sometimes government entities do things that are uncommon or strange, such as this, and it takes a lawsuit to address whether this is legal or not. I recommend talking to a civil lawyer, possibly one who specializes in education, to see what your options are. You might have a truly novel case here.

    I think you may also be able to get around this by simply writing a strongly worded letter to a supervisor at the library.

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  • Does charges will be pressed against me and will I have to go to jail for phone harrasement report filed on me

    I had E-mailed my girlfriend friend who cheated me .I was given a warning from cop's to seize every thing ,After hearing that I was unable to control my emotions and texted her what made you to do this to me as I had taken care of u,how could u do...

    David’s Answer

    When a court orders you to do something, you need to listen. Stop talking to her now. It doesn't matter what she did or why you think you should be able to contact her; justifying your behavior only makes you sound abusive to the court.

    Stop contacting her and you are unlikely to have any problems. If there are charges pressed, you will need a criminal lawyer. You may also want to consider a consultation with a criminal lawyer; most are free, and you can learn a lot in a brief consultation, in addition to developing a good relationship with an attorney in the event you need his or her help.

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  • Would I qualify for the VAWA program?

    I was in an abusive relationship with the father of my children. He at the moment was a green card holder. Due to the abuse I decided to separate from him. Recently a friend informed me I could petition for the VAWA. So my question is how do I kno...

    David’s Answer

    This really depends on which program you are talking about. VAWA offers grants, and it also offers some protection to immigrant victims of abuse. We need to know more about what you're asking for to help you. Consider also hiring a family law attorney, or if you're dealing with immigration issues, an immigration attorney.

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  • Does my request need to be a specific request for the Judges rationale of certain parts of her decision, or can it be broad?

    I'm currently preparing to file an appeal of a bench trial decision in a child custody matter, and i'd like to file a request for the Findings of Fact and Conclusions of Law. I disagree with the Judges ruling, and believe that it was based more on...

    David’s Answer

    Here's the cold, hard truth: if you have to ask whether you need grounds for an appeal, then you are NOT QUALIFIED to file that appeal.

    You need a lawyer. I understand that lawyers are expensive, but this is your family and your future. Do everything you can to pay the costs. Ask for a loan. Put it in a credit card. Sign up for a payment plan. Without a lawyer, it is unlikely you will prevail, and you may actually do more harm than good.

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  • What can I do legally if my ex boyfriend sent my family photographs of me nude through text message?

    My ex-boyfriend and I broke up & he said that he would get revenge. By that he sent graphic nude pictures to some of my contacts on my phone without my consent. I feel violated, and I want to seek legal action, so is that possible for me?

    David’s Answer

    First of all I am so sorry this happened to you. This is a form of trauma akin to a virtual sexual assault. Please seek counseling to help you deal with this. Your local rape crisis center may be able to help. I have attached a link to help you find support.

    The sad thing here is that the law has not caught up to technology. If you are under 18, this could be a form of child pornography or statutory rape, but there have been cases where prosecutors actually go after the victim. If you are over the age of 18, your best bet is to file for a restraining order. You may also be able to file a civil suit for something like intentional infliction of emotional distress, but you will need a lawyer's help to discern the best course of action here.

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  • How do I make my ex pay his debts that are written in the divorce decree?

    I was divorced in 2013 after a short and very violent marriage of only a year. I printed all papers out myself and we both signed and had it made official by the county court. The only thing I wanted him to do is pay me the money for the damages i...

    David’s Answer

    You need a lawyer, and here is why:

    Unless he signed an agreement with the property company to pay, you are still on the hook for the full amount. Your agreement with him only entitles you to go after him. You're probably going to need help with credit/collections, too.

    If you cannot afford a lawyer, consider contacting the company, telling them about your agreement, and pleading for their sympathy because of the violence. It's unlikely they'll be willing to change the agreement, but stranger things have happened. You may also be able to reach a settlement with them.

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  • I am coming up on the fourteen day notice and don't know if this is considered a notification when the mother does not reply?

    My ex and I are court appointed joint conservators with her designated the conservator, and me residing more than 100mi away. Recently she gave our daughter her cell phone and got a new one for her self, I have asked for the number and asked our d...

    David’s Answer

    If you can't afford an attorney, send her a certified letter, return receipt requested.

    If you can afford an attorney, you need one now. Sounds like your ex is trying to interfere with visitation, and these issues rarely get better on their own. Trying to resolve them by yourself could even make matters worse. Consider a loan, credit card, or payment plan, since your relationship with your child is of greater value than any sum of money.

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  • Runaway.

    How vigorously would they look for a runaway? 16 almost 17 in a two months year old. Would they say I was kidnapped even though I voluntarily ran away? There wouldn't be anything ridiculous like missing posters on WalMart, right?

    David’s Answer

    This depends on so much you have not told us. Did you run away with someone else? If so, this could be a matter of statutory rape. How committed are your parents to finding you?

    If you are located, this is not a criminal matter, but a family one. You'd likely end up working through a plan with your parents, which could give you a chance to share your side. Why did you run away? Were you being abused? Otherwise, running away is a terrible idea, and runaways often face horrible outcomes--rape, murder, poverty, etc. I really encourage you to go back home, or to seek help from an adult you can trust. If that's not possible, the Texas Youth Hotline can help you. See the attached link.

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