They are married he hit her then put a gun to her head, He got arrested, got out but some how got child support filed on her, Saying he will drop it, if she drops the charges. He used her maiden name and did it on line. Surely that is not legal. She is so scared now that she will loose her children. And why should he get custodial when he is the dangerous one, he also has mental issues in the past. All this is on record. She needs legal help.
She doesn't need to be scared; she just needs to hire an attorney. It would make sense for her to request a Family Violence Protective Order through the District Attorney's Office--it's free. She should also file for child support online through the Texas Attorney General. Why is she living with a man who put a gun to her head!?
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
She needs to seek a family violence protective order against him, pursue criminal charges, and file for divorce. How do you know he got child support filed? If a suit is filed, it must be served on the other party. No, legally two married persons not separate cannot have a parent-child relationship suit. A separation or divorce must be part of the child support action. She needs family law counsel. You cannot do a whole case on long. Fear is overtaking reality and truth of how a family law case can happen. But fear is overcome by knowledge. Knowledge is acquired through counsel. Legal Aid can be contacted also. He should not get custody after committing family violence assuming the proof is put before the court in testimony or other evidence.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, Lampasas, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
She needs to go to the Resource Crisis Center of Galveston County and seek a Protective Order then hire an attorney and file for emergency custody and child support. No matter what, do NOT drop the charges.
Disclaimer- Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. Attorney Fulton has been practicing Family Law, Estate Planning and Probate for over 16 years in Galveston and Harris County, Texas.
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