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Jacqueline R. Kriebel
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Jacqueline Kriebel’s Answers

1,100 total


  • Texas order: "child shall not be removed from the area for a period of one week without consent" does this override visitation?

    A Texas custody order states: "The parties agree that the child shall not be removed from the area for a period of one week without the consent of the other party." Mother lives over 100 miles away from the father. Father is claiming that he can...

    Jacqueline’s Answer

    I would assume visitation trumps. If he files for an enforcement you will likely see a judge clarify that area means either where you or he live.

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  • Does my husband need to file his answer before I can continue with the proceedings? We have no conflicts.

    My husband and I have been separated for over two years; not legally, but living apart with no children, separate finances, and little contact. Our marriage dissolved and we began living separate lives, we have no shared property or accounts. We f...

    Jacqueline’s Answer

    Until he is served or an answer is filed he does not have to respond at all. And you risk the csse being dismissed for want of prosecution or, in other words, inactivity.

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  • How will this work on who get property?

    Needing a divorce... husband wants house and so do i..

    Jacqueline’s Answer

    A judge will likely make you mediate the issue or sell it if you cannot agree. Or if only one of you can afford to refinance then that person will likely be awarded the house.

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  • Can sole custody be overturned to joint?

    I recently was awarded sole custody of my children due to their father having a "family violence indicator" and he is serving some time now related to that however my question is when he's out could he go to the court and have it overturned where ...

    Jacqueline’s Answer

    Yes it can be modified unless he continues to be a threat.

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  • Temporary custody - can custodial parent leave the state with the child?

    Temporary custody orders signed in 2015 in Texas. Custodial parents resumed relationship 2 months after orders. Orders were never modified. Female parent is now pregnant with 2nd child (same father). Father and mother are not getting along and ...

    Jacqueline’s Answer

    It depends on what the orders say. If there is a county restriction then the orders would need modified. But courts do not like to let people leave the county. It is a custody battle so Mom would have to fight for the child.

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  • Is there any way without a lawyer to re-open the case QUICKLY and freeze his retirement disbursement so it does not leave Texas?

    Ex is totally ignoring the divorce decree debts, never picked up his personal belongings, isn’t paying any of his debts occurred since I filed on 8/4/15 and isn’t paying on the unsecured 0%-interest promissory note he signed post-divorce for $44,0...

    Jacqueline’s Answer

    File for enforcement and clarification. You cannot revise the decree. But you may he able to be awarded any undisclosed assets that you discovered after the divorce. Contact an attorney to thoroghly discuss your options.

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  • Can I get married to my fiancé if he is still common law married to someone else?

    I have a question about common law marriages in Texas...My fiancé is in a child support battle with his ex right now. Ok here is the deal he left her two years ago. But, she just recently married someone else. Was she supposed to file something...

    Jacqueline’s Answer

    Depends on how they are common law married. If just holding out then after 2 years passes neither can claim common law. If filed documents with court to declare common law then you have to file for divorce. Her marriage to new guy would be valid the day divorce is final. As far as bigamy... why go there? Be glad she moved on.

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  • How can I stop this further abuse through CPS? Who controls this?

    I have 2 girls, ages 7 and 8. Both have disabilities, including bi-polar, ADHD, ODD, etc. My daughter's father for over a year has been calling CPS to investigate my house. I have custody and there is a protective order in place against him. H...

    Jacqueline’s Answer

    Sue him for abuse of process. There is a provision in the family code that allows a judge to review the CPS reports in camera and the order the release of who the caller was.

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  • Does the birthday clause not take effect if we both already have time on the day under the regular possession time?

    Today is our daughters birthday and we can not agree on visitation. Our order states: Child's Birthday - IF A PARENT IS NOT OTHERWISE ENTITLED UNDER THIS POSSESSION ORDER TO PRESENT POSSESSION OF THE CHILD ON THE CHILD'S BIRTHDAY, that parent s...

    Jacqueline’s Answer

    Typically the parent who does not have possession on that particular day would at least get the child from 6 to 8 pm.

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  • Can I and how would I file to give up my rights for my 2 teenage sons who their father claims they want nothing to do with me?

    I have 3 children ages 15, 14 and 12. The judge granted my ex boyfriend custody because I was unable to attend court due to pregnancy complications at 9 months pregnant in 2014. So it was a judgment by default. My 12 yr old currently lives with me...

    Jacqueline’s Answer

    You really need to explore your options with an attorney. You can file an enforcement for your visitation.

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