Texas Family Legal Questions

The divorce will not be granted while your wife is still pregnant.  Barring some extraordinary facts, you are the presumed father of the child since you are married to the mother at the time of birth.  So, yes the baby should have your last name.  You should consult a lawyer concerning your rights during the divorce and at the time that the child is born.... Read More

If there is no will, the surviving spouse will have to apply to court for the statutory share guaranteed to the surviving spouse.  It is not possible to disinherit a spouse, therefore every state has adopted regulations and statutes that establish the minimum share that the surviving spouse is entitled to receive.  This share is typically 1/3 with remaining shares going to the children and/or parents.  ... Read More

 The only thing that matters in this situation is who owns the house, it's really that simple. If the house is in the sun's name and not in the grandparents name that son can do whatever he wants with his home. If the grandparents own a home in the sun does not, he is no legal right to remove anybody from property which does not belong to him. Simply because someone does something, does not make it legal. Find out legally owns the house and that's the person who gets to kick people out, no other situation has any bearing on this particular case.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq.   BOTELHO LAW GROUP Attorneys At Law   901 Eastern Ave.  Unit 2 Fall River, MA 02723    Office:  888-269-0688 FAX:    877-475-8147   http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, # alimony... Read More

The first thing you need to do is verify that you are on the birth certificate of the children. If you are not on the birth certificate, you will need to go to court and have paternity adjudicated to you through the use of a DNA test. As far as who receives custody and child support, this will be determined in a court of law by the laws of the state you reside in. Generally the children's mother will get custody and the father will end up paying child support, the child support amount is usually dictated by state law, as it is in Massachusetts. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/ #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate... Read More

In Texas, a man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage. Thus, the woman's husband was the presumed father. Any court action to challenge that presumption of paternity would have had to be brought within four years of the child's birth. See Texas Family Code Sections 160.204 and 160.607 If the mother pursued a court action and sought court-ordered paternity testing, the case would likely be dismissed because of the four-year statute of limitations.... Read More

You can file for a change of custody if the danger is serious enough. One problem with this remedy is that you will them have to care for him and she will be of little help so think carefully if this is what you want. Another possible remedy would be to change the terms of custody to limit where he can be taken.... Read More

The attorney is required to follow the terms of the retainer agreement that the two of you should have signed when you first hired him. It is common to calculate time in 15 minute incrementa, meaning that if less than 15 minutes it is billed as 15 minutes, if 16 minutes it is rounded up to 30 minutes and so on. One hour minimums are very rare, I have never seen any firm that does that. You may have a valid fee dispute if there is no contract or if the contract was not followed.... Read More

You can do that by filing a request for an order doing so, and that motion would need to be served on the father.  If you don't have access to a private lawyer, see the Family Court Facilitator at your county courthouse; it costs you nothing and that person is an attorney who can advise you as to how to go forward.... Read More