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Deke Randall Foxhoven
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Deke Foxhoven’s Answers

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  • What would it take and how much would it cost to make sure the mother of my child legally has to stay here in Texas?

    We are currently together trying to patch up our relationship but we have gone through some tough times. Most of our family lives in California, but we live out here in Austin. I am the main supporter of us financially and they both live with me. ...

    Deke’s Answer

    I would need significantly more facts before I could provide proper advice. I suggest scheduling a full consultation with an attorney before you act. That being said, here is an overview: you would need to seek an Order of the Court containing a "geographic restriction" on the child's residence. This restriction would stop either parent from moving the child out of the designated geographic area (typically, a particular county, a county and surrounding counties, an independent school district, or the whole state of Texas). If you have a prior Order (e.g., a Final Decree of Divorce if you were married), then you should look to see if there is a geographic restriction in the Decree. If there is not, or you want to change it, you will need to file a Petition to Modify Parent-Child Relationship. If there is no prior Order (i.e., you were never married and have not had a suit regarding the child yet), you would need to file a Suit Affecting the Parent-Child Relationship. The resulting case would decide how you and the mother would co-parent until the child is 18, including conservatorship (custody), major rights and duties, geographic restriction, child support, health insurance and more.

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  • What state will child support be determind?

    if i file for custody in the state of texas, and my wife lives in florida with our kids, what state will pick up child support. will it go off of texas laws or florida laws? also, can my ex keep my new girlfriend from being around my kids just bec...

    Deke’s Answer

    I agree with prior answer regarding which state will determine child support. Talk to an attorney and tell them how long the children lived in Florida. This will help the attorney to advise you regarding state jurisdiction.

    Regarding the name calling, it is generally best to refrain from name calling (less "fuel for your wife's fire"), but I doubt an isolated incident of name calling would cause a Judge to restrict your girlfriend from being around the kids. The name calling becomes more important if the bad language is used in front of or within hearing of the children and/or is used in conjunction with other facts about your girlfriend that a Judge would consider harmful to the children. For instance, depending on the whole situation, some Judges will refrain contact with new significant others during the pendency of the divorce.

    I suggest you seek the advice and counsel of an attorney in your area to whom you can provide more information.

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  • We arent married and ex threatens to file custody papers tomorrow. will it make a difference in the outcome who files first

    also, if he files can he have the power to take our daughter before going to court? there is a history of domestic violence in our past as well as his other custody case hees currently in. he has a felony drug possession charge with extended proba...

    Deke’s Answer

    I highly suggest you obtain legal counsel. As the other attorney stated, you may be eligible for pro bono services through an organization such as Legal Aid based on your financial position and the history of domestic violence and drug use. Look up the Legal Aid organization in your area and give them a call. They will need you to provide them with some basic information so that they can determine whether to accept your case.

    Although more facts would be needed for a more precise analysis of your case (i.e., try to get an attorney), based on what you said, there may be an advantage to filing your Petition first, for reasons including, but not limited to, the possibility that he may try to obtain a Temporary Restraining Order or Ex Parte Protective Order against you when he files his Petition.

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  • Amicus Attorney

    my ex has denied me visitation to see my child for more than 1 year. i have been in legal proceeding since october 2010. i still havent seen my child even after an agreed mediation - which my ex did not abide by. now my ex is requesting an amic...

    Deke’s Answer

    If the Mediation Agreement has not been turned into an Order of the Court, it should be soon. Then you could file a Motion for Enforcement of that Order to enforce the visitation schedule that you and your ex agreed upon in mediation. I tend to agree that an Amicus Attorney does sound appropriate for you case. If your ex makes significantly more money than you do, then I would try to make this clear to the Judge so that the Judge will consider ordering your ex to pay for the Amicus.

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  • Divorce in Houston Texas

    I was divorced in Texas on June 25, 2010 but my daughter & I were allowed to move with my brother in Colorado & have been here since June 16, 2010. I have geographic restrictions & in the court papers it states that I must reside with my brother (...

    Deke’s Answer

    • Selected as best answer

    Texas may relinquish jurisdiction over the case to Colorado if you could show that the child no longer has significant connection with Texas and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships. If/when you speak with a Colorado attorney about modifying your Divorce Decree, you could refer him/her to the Texas Family Code, Chapter 152, Subchapter C, sections 152.201 through 152.204 for more information. These laws can be found at http://www.statutes.legis.state.tx.us/.

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  • I need a cheap lawyer. My ex-wife won't follow our divorce decree. Can anyone help me? Please Help

    I'm a full time student with 5 kids & a pregnant wife @ home. Our money is low. Our Divorce Decree States that my Ex-wife is supposed to handle the medical insurance for our 2 boys but she won't share that info with me. My oldest son was dropped f...

    Deke’s Answer

    In Texas, we have a Legal Aid organization that provides free legal representation for qualified individuals. It appears that you have a similar organization in St. Louis called Legal Services of Eastern Missouri (LSEM). Their contact information can be found here - http://www.lsem.org/ContactUs_26.aspx. Even if they cannot help you, they will likely be able to refer you to a good attorney that is willing to work on some form of sliding-scale fee. Good luck!

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  • How do I find out if and when my husband divorced me?

    We were separated since 1997. I found out today that he died in 2007. I want to know if he divorced me or had a will. Is that information in public records?

    Deke’s Answer

    If your husband filed for divorce, you should have been served with an Original Petition for Divorce (soon after the Petition was filed) that would have informed you that he was seeking a divorce. The Original Petition would have the cause number at the top of the first page that would make it easy to find out whether a Final Order was entered which granted a divorce. If your husband filed for divorce, he would have been required to inform you of any hearings on the matter. Unless he simply did not know where you lived, there is a reasonable chance that if you were never served with the Original Petition and never received notice of any hearings - he never filed for divorce.

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  • How do I find a good lawyer that has experience in child custody and will work for me in getting full custody or legal custody?

    I am an unmarried mother who has 2 daughters by the same father. I have allowed him to see them every other weekend since July 2011 even though he has not established paternity nor gone to courtFor the last 2 to 3 times it has been time for them ...

    Deke’s Answer

    How to find a good lawyer?

    I would start by asking people in your community whose opinions you trust if they have a personal referral of an attorney that he/she worked with. I believe there is no better indicator than personal experience with an attorney. If this doesn't work, I suggest searching for a custody attorney online. This site - Avvo - is good because you can read an attorney's clients' reviews to see what has been said about that attorney. You can also see if the attorney is Board Certified in Family Law. An attorney does not need to be board certified in order to effectively protect your interests, but it is an indicator of a certain level of experience and proficiency.

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  • Hi my name is Jennifer. I would like to know how i can get a divorce for very little to no cost at all. I have 2 children ages 7

    i need to know what to do im clueless

    Deke’s Answer

    You can file for divorce as a "pro se" litigant (meaning you are not represented by an attorney). There is usually a law library and a staff attorney at the county courthouse that can help you fill out the proper paperwork (i.e., the Original Petition for Divorce) and show you where to file it. You can also request that the filing fee be waived.

    If you want to do your own research on the process, take a look at www.texaslawhelp.org as well. There is a lot of good information on this site, including forms and instructions.

    You may be a candidate for free legal representation from Legal Aid. You can find your local Legal Aid office at http://www.lsc.gov/map/state_T32_R51.php.

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  • How do I file for temporary custody of my children?

    My husband and I are separating, not legally as I can't afford it right now. I am having to leave the country and go to my home country for a while with my kids. I can't afford to stay here with my salary and my husband is out of a job. We have ag...

    Deke’s Answer

    I suggest that you go ahead and file for divorce in your county. Since your husband is agreeable to your out-of-country travel right now, you can have an "Agreed Temporary Order" drafted that includes all the provisions that reflect your agreement regarding your divorce, i.e., leaving the United States with the children, making decisions concerning the children's welfare while you are away, conservatorship, visitation, travel, child support, and health insurance. You and your husband would both sign this Agreed Temporary Order and then you would ask a Judge to sign it at an "uncontested docket" in your County Courthouse. After 60 days has passed from the time of your filing for divorce, you can have the proposed division of property added to the Agreed Temporary Order (and any other outstanding matters), and then ask that this Order become the Final Decree of Divorce. (See section 6.702 of the Texas Family Code, which can be found at http://www.statutes.legis.state.tx.us/) You can file for the divorce yourself, but I suggest you have an attorney draft the Orders.

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