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Angela Lee’s Answers

7 total

  • I already have a child support order, but he didn't pay child support for two months

    what should I do for this case

    Angela’s Answer

    In Travis County, you can contact the Attorney General Child Support Division to ask that they bring an enforcement suit.

    You may also choose to hire an attorney to bring your own enforcement suit against the father.

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  • I am pregnant but not involved with the father. Can I ask for sole custody?

    Would he also have to pay child support if he doesn't want to be involved with the child?

    Angela’s Answer

    Sole custody is usually awarded only where there has been abuse to the child or other family members, or if there are extenuating circumstances that might post physical harm to the child when in the other parent's care. However, while the presumption in Texas courts is that all parents should have joint custody, joint custody does not mean that each parent has equal access and rights to the child, nor does it necessarily mean that the non-custodial parent has regular visitation. Your attorney can help you clarify your custody options.

    If child support is requested, it is generally awarded regardless of whether the other parent is involved with the child.

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  • Legal change of a 6 year old boy born in the U.S whose dad doesn't live in the U.S and who has not seen the boy.

    I was divorced in another country, now live in the U.S and re-married. I want to change my son's last name and his dad has not seen him since he was 9months old and has never paid anything, or made contact. The dad is from another country, the boy...

    Angela’s Answer

    You will need to bring a lawsuit to request a name change for the child. Depending on the age of the child, you may also need to have the child sign an affidavit indicating his consent. Unless your divorce and custody decree has a specific provision allowing for the child's name change, you will also need to notify the non-US father through formal processes governed by state law and international treaty. Depending on the judge, you may also be required to show that the father of the child consents to the name change.

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  • Can a registered sex offender be given non-custodial rights?

    Can a guy who is not married to the mother of a 3 mth old, be given non-custodial rights to take the baby for visitation.

    Angela’s Answer

    Yes, it is possible for a registered sex offender to retain unsupervised visitation rights to a child. While there are laws that require notification of sex offender status, there is no blanket rule against visitation rights for sex offenders.

    A judge will consider the totality of the circumstances, presented through evidence and oral arguments, to make his or her decision on what kind of access the non-custodial parent should receive.

    If you wish to limit access to your infant child, you can also ask your attorney to petition the court for a standard visitation schedule for children under three years of age. It is common practice for courts to limit visitation to supervised visits only while the child is an infant/toddler, regardless whether the non-custodial parent is a sex offender. Through this kind of visitation schedule, you can request that the child remain in your home during all visitations.

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  • Is it legal to negotiate visitation schedule that deviates from MSA agreement? If so, is it binding?

    Biological father wants infant for his vacation, but mother is asking for time also for her vacation and both parties negotiations would be outside of MSA agreement. If one party agrees to terms and allows extra time with other parent, then when i...

    Angela’s Answer

    Strictly speaking, if the informal arrangement doesn't comply with terms in the Marital Settlement Agreement, then no, it's not legally binding. However, practically speaking, whether or not a judge will enforce an informal arrangement depends on the judge, and there may be other factors (not included in your question) that would affect a judge's ruling.

    Informal communications (i.e., email or text) can be used as evidence of an agreement, but there's no way to accurately predict how much weight any given judge would give this evidence, or whether the judge would accept this kind of arrangement. There are no guarantees once you step outside of the MSA.

    It's always best to comply with the terms spelled out in the MSA, since these are the terms the parties have already agreed upon. If the MSA requires a writing signed by both parties for an agreement to be binding, the implicit warning is that the court has no duty to enforce any arrangements made otherwise.

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  • Am I responsible for my estranged husband belongnings?

    My husband wqas arrested jan 11 2013 for assaulting me there was a restraingin order issued until march 11 2013 . Since that time I have made several attempts to reach him and give him his things as I am moving out of state. He refuses to get hi...

    Angela’s Answer

    If you have no children and no major property together, you can serve your husband with the divorce by requesting that the court grant permission for you to serve him by alternative methods (e.g., posting a notice at the courthouse or in the newspaper). An attorney can assist you with filing the divorce and requesting permission for alternative service.

    If your restraining order was issued in Texas and was not part of a divorce or custody case, what you actually have is probably a temporary or emergency protective order. Contacting the County Attorney Protective Order Division for information on getting a 2-year final protective order might help you. In most cases, a landlord has the duty to remove the abusive party from a lease--whether or not the other party consents--once a protective order has been issued. Under certain circumstances, a protective order also gives you the right to cancel your lease altogether. However, whether this applies to your case depends on details that aren't included in your question.

    How you dispose of your husband's things can also be addressed by the court in a divorce. If you are moving out of state soon, you should seriously consider whether you need to take care of the divorce beforehand. Remember that family law is governed differently from state to state, and it may be more difficult for you to divorce a missing husband from outside of the state since you last lived with him in Texas.

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  • Would it be ok to visit my kids dad in jail if he did a crime against us or would it hurt my case to do so

    His name is Alex devull Webster born march 07 1987 he is at Travis correction was wondering how much time he might be getting we have two small children and he did rob us for that they charged him with burglary with habition he has 3 other tihft c...

    Angela’s Answer

    Yes, jail visits may be used as evidence in both criminal and civil/family law cases. However, whether this will affect your case against him depends on what kind of case you're trying to bring, which is not entirely clear from the question.

    If you are seeking a protective order against the offender, jail visits are often used as evidence to argue against a protective order. A jail visit may also impact your rights to your children if a Child Protective Services investigation was opened when the offender was arrested.

    Jail visits will not directly affect child support matters, but may be relevant where visitation is concerned.

    You can report his drug problem to your victims' services coordinator and he or she can help you determine how, when, and to whom it would be best to report this information. Your victims' services coordinator can be found at the agency that arrested the offender (e.g., Austin Police or Travis County Sheriff's Dept). You will not be able to communicate with the judge directly except at formal hearings or in your victim impact statement; your victims' services coordinator can help you with this.

    It's smart to be thinking about these issues before making a visit. I would most strongly recommend that you speak to a domestic violence legal advocate, which you can access through most women's shelters. In most cases, you do not need to be a shelter resident to access these free services.

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