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Can my children father be awarded full custody: He is on probation right now for aggravated assault with a deadly weapon. He committed this crime at my house in front of my children to my boyfriend at the time. He is trying to get custody of the children now that I have completely moved on with my life. This is his second felon.

Asked about 2 years ago in Child Custody

Eric’s answer: Without knowing what evidence the court will be presented when it comes to the best interest of the children and what evidence there is about you as a parent it is impossible to say. Don't overlook the things he will likely bring up about you, because in a custody battle you can bet he will. I suggest you consult with an experienced family attorney, at a bare minimum.

Best wishes,
Eric Gruetzner
Cypress, Texas

Answered about 2 years ago.

Do I ask for half or can I wait till divorce?: My husband and I have separated. He is selling the house and asked me to help him by signing off on the sell. He asked I give POA to a family friend and I agreed. He will be making a profit and said he'd give me part of it. Will I be able to find out how much he made if and when he files for divorce? Am I entitled to half of the money even though he made all the payments?

Asked about 3 years ago in Divorce

Eric’s answer: Yes, revoke the POA immediately and get yourself an attorney. The potential for damage is too great as it stands right now and it's hard to undue damage later...I recommend preventing it to start.

Good luck,
Eric Gruetzner
Cypress, TX

Answered about 3 years ago.

Is spousal support required for unemployed wife who spends beyond household means?: husband/wife are married 25+yrs. (Both in 50's.) No assets to speak of, no minor children. Substantial debt and upside-down house. He is breadwinner, (less than $60K) No savings. She has a teaching cert, but she hates kids, so she doesn't teach. She works part-time, sometimes. (Nothing gainful or long-term.) Most of the marriage, she overspends. They dine out weekly, and he supports his elderly father. She shops frequently at expensive clothing shops like Talbots and Chicos as well as frequent discretionary shopping at other stores like Big Lots and Target. (Despite the tight budget.)

When they divorce, will he be expected to provide spousal support? (She is "accustomed" to her spending lifestyle, even if it's well beyond their means.) Can she be "awarded" debt if she is unemployed?

Asked over 3 years ago in Divorce

Eric’s answer: You would be best served by retaining a good divorce attorney here. While it isn't common for courts to award spousal maintenance, your wife's lack of recent work history could be problematic.

Take care,
Eric Gruetzner
Cypress, Texas

Answered over 3 years ago.