Texas Recent Legal Answers from Lawyers

Given your situation, you may consider stopping his immigration case if you have already started it if you believe that your marital situation is hopeless. There would seem to be little point in helping him to attain his dream life in America without you. Then your husband will do whatever he thinks will get him the green card and money anyway. The immigration laws of the US in dealing with marriage related applications contemplate a bona fide marriage in which the couple have every intent of establishing a life for themselves together in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Hello, Generally speaking, you have 5 days from the date the eviction judgment was signed to appeal it to the County Court or County Court at Law. You must also post a bond or file a statement of inability to post bond. Once at the County Court, you will have a "trial de novo" which essentially means a brand new trial from scratch. Note that while your appeal is pending, you must continue to pay rent if you are staying at the rental property. For more information, the following links are very helpful: https://guides.sll.texas.gov/landlord-tenant-law/appealing-an-eviction  https://texaslawhelp.org/article/appealing-an-eviction  If you believe that you may still need to appeal it or if the grounds for your eviction are more complicated than non-payment of rent, I strongly suggest you hire an attorney to handle the appeal as the rules of evidence and procedures are more strict in County Court than in the Justice Court where the original eviction is done. Best wishes, James M. Ringel... Read Answer

You should check your child support order to see if it already includes a name change. If you were not married to the mother when the child was born, you would have had a paternity suit to prove paternity. Once paternity is established in such a situation, the order usually includes a name change. If there is no name change in the order, you can petition the court for a name change. In Texas, most courts will grant a name change to the father's name.... Read Answer

Yes. Thay should be sufficient for pre-trial representation attorney expenses. If the case required representation during a jury trial, costs could be higher. There are a multitude of variables that would impace this. Many attorneys charge one fee for pre-trial representation, and the trial costs are only incurred if the case is set for trial. Your best bet at finding the right attorney is to read attorney reviews, then contact several directly to inquire about a consultation. Choose the one you - and most importantly, your son - trust will defend your son the best.  ... Read Answer

If you want to help him, help him find an attorney to defend him against the charges. Nobody on a free legal forum will be able to tell you something specific you can do to help him any other way. The right attorney can help him beat the case. Nothing you can do by yourself is likely to make that happen.  Good luck. ... Read Answer

Hello, If the property was purchased during the marriage with community funds, then even if your name is not on the paperwork, you have a legal interest in the property. Therefore, your husband should not be able to sell the property without your approval. However, if the property was purchased during the marriage but with your husband's separate funds (such as from an inheritance or selling a home he owned prior to your marriage) then you would likely not have any interest in the property unless you contributed to payments or payments were made during the marriage with community property (such as his or your earnings from your jobs). If he is insistent on selling the property, you may be able to file for a declaratory judgment having the Court declare that you and he have a community interest in the property. Of course, suing your spouse is often not a sign of a happy and healthy marriage. An attorney can help you determine what legal rights you have based on the specific facts of the property's purchase and the documentation but additional details would certainly be required. Sincerely, James M. Ringel... Read Answer

If your child's mother and step-father are interested in moving forward to terminate your parental rights and to do a step-parent adoption, then usually they would present you with a legal document that you can review and sign that would voluntarily relinquish your parental rights to your child.  However, if they are not interested in pursuing a termination and adoption it is highly unlikely that a court would allow you to voluntarily terminate your rights.  Courts typically will not terminate a parent's rights unless or until someone is stepping up to assuming those rights that you are asking to be terminated.... Read Answer

The fact that your ex is not working is not on its own enough to get the court to modify visitation.  However, if the children are not being properly cared for or are not thriving in the care of their mother, then it might be wise to explore the possibility of modifying custody so that the children would live with you primarily.  It is impossible to evaluate the strength of such a case in this type of format.  The best thing you can do is to reach out to a family law attoney and have a consultation where you can discuss the specifics of your situation and get a much better idea of whether your potential case is strong enough to take the chance to file.... Read Answer

If there has never been an order in place regarding your children then it sounds like TX would be considered the home state of the children and all litigation regarding custody and visitation and access should be tried in TX.  However, if there is already an order in place from another state, then that state would have to relinquish jurisdiction in order for TX to exercise jurisdiction.  In terms of your question regarding joint custody, I think you need to understand the terminology used by the Courts in Texas.  We do not give a parent "custody."  Texas will appoint parents, or in some cases, non-parents as conservators of the children.  The most common type of conservatorship ordered is called joint managing conservatorship.  However, this label can mean many different things.  If the parties live close together it CAN mean that you are both equals in terms of decision making and time with the kids.  But most of the time one joint managing conservator still has the majority of possession time with kids and the other parent visits with parent via a standard possession order schedule.  I say all this just to let you know that even if your children's father is awarded joint conservatorship that doesn't necessarily mean that he would not have to pay child support.... Read Answer

Yes. You need to get fingerprinted if you were directed to do so. I would also advise that although this is a class C offense, you need to make sure you avoid a conviction. The resolution of this case could also come up in a divorce. You would set yourself up for the best resolution of your case if you hire an attorney for the case. Gpod luck.... Read Answer

By dropped, I am assuming you mean dismissed by the prosecutor? That might be possible, but no attorney can predict that without reviewing the evidence in your case and discussing the case with the specific district attorney prosecuting it. Possession means inentionally and knowingly excercising care, custody, control or management of the item. Legal possession cannot be reckless or accidental. If you are not guilty of possessing the drugs, don't plead guilty. Then, hire the attorney you trust to fight your case. I would look to the attorneys reviews, and relevant experience to guide you, but also in person consultations can help you decide.  Good luck.... Read Answer

Sometimes agreements can be worked out for dismissal of charges if certain conditions are finished first. Only the lawyer on the case will be able to know if that is possible or not. Look up lawyers in your area. Read client reviews. Contact several lawyers directly to setup a consultation. Hire the lawyer you trust to defend your case.  Good luck. ... Read Answer

THe stop must be legal and the search must be legal. If they want to charge you with possessing something, that means they have to prove you intentionally and knowingly had care, custody, control or management of the illegal item. No lawyer will be able to predict if you can get your case dropped just from your question. But if thats what you want to happen, you're going to have to hire someone that has experience fighting possession cases. Read some reviews, do consultations, and hire someone you trust to defend you.  Good luck.... Read Answer

Yes you can. Once the eviction is appealed after the Justice Court, the new court will hear it "de novo" which means the new court will not look at the arguments made at the Justice Court and all of the facts/law must be re-argued from scratch. Therefore, it's important you attend the new trial and argue it just as well (or better!) than you did at the Justice Court. Do note that technically different rules of civil procedure apply to Justice Court and District/County Courts.... Read Answer

There are essentially three elements to a valid gift in Texas: (1) there was an intent to make a gift; (2) there was delivery of the gift; and (3) the gift was accepted. In your case, it sounds like it was intended as a gift, that it was delivered to you/put into your possession, and you accepted the gift. This standard is recited by the Austin Court of Appeals in LaPree v. LaPree and numerous other cases. Therefore, you have legal right to hold onto the gun and the other person has little/no recourse. As to them threatening to file theft charges, it may just be because they have a misunderstanding of the law or regret gifting it to you and are hoping you'll just give it back. Whether or not their conduct falls under the crimes of extortion or blackmail depends on a variety of factors. Because you put this under libel, slander, and defamation, I'll briefly touch on that as well. For something to be libel/slander/defamation, it must be a communication made to a third-party and cause you harm or be such a comment that it can be presumed harmful. Essentially, if the gift-giver is going around telling other people you're a thief, you may have a claim against them for defamation, but it's unclear as of right now based on the limited information you've provided so far.... Read Answer

You need to contact your husband's attorney or hire your own and submit an affidavit of non-prosecution to the DA handling the case.  While it does not guarantee that the DA will drop or dismiss the charges, it provides a solid reason to do so.  DAs do not need a complaining witness to press charges for domestic violence.  Other factors they will consider include prior domestic violence charges.... Read Answer

I am not sure if you mean that you have been denied possession and access to your child, or if your parental rights were terminated by a court order.  A parent can be ordered to pay child support yet denied possession of or access to the child if the court finds it is in the child's best interest. My suggestion is you look up the case on the court's electronic file online. Most counties have electronic access. If that is not the case, a call or trip to the court clerk may help you out. At this point, I think more detailed information will help you and an attorney.   ... Read Answer

No, you did not commit a crime by putting your name on your child's birth certificate. The family court does not have jurisdiction over immigration matters. The only thing your husband can do is ask the court to require that the child's name be changed to add his name. You are allowed to keep your name as one of the child's last names.... Read Answer

The answer is in your order, and the order may be enforced. You should review the section of your order where it likely says that you are both to pay 50% of unreimbursed medical bills. If you have a standard order, your ex is probably also ordered to carry the health insurance or reimburse you (or the state) for the premium you pay for the child. A standard order says that you must give notice of the bill in writing. That may include email. In order to get your ex to pay, you may have to file an enforcement. The court will require that you gave him notice in writing so be sure to read the order and follow the instructions if you plan to proceed with an enforcement.... Read Answer

Juries tend to find in favor of the rearendee rather than the rearendor. But there are instances when the driver of the second vehicle immediately is not responsible, and the person whose car was hit is responsible. It all depends on the facts. Who was exercising reasonable care? Who was not? How fast were you driving? How slowly were they driving.  What was the speed limit? Were yur sweeherthn=Were there witnesses? If so, what do they say they observed? Was there a police report? If so, what did the officer conclude was the cause of the collision? Many more questions, but hopefully these will give you a bit to go on for now.... Read Answer