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  • Bankruptcy
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Do I have to inform the court if I am moving out of state and taking my child?

October 8, 2024
Written by Christopher Migliaccio

Open door with a key in the keyway with a house keychain dangling down, packed boxes are in the house

Moving out of state is a significant life change. When you have a child, this transition becomes even more complicated. One key question arises: Do you have to inform the court if you are moving out of state and taking your child? In this blog, I will answer that question, outline your obligations, and guide… Read More

FAQ Category: Modification and Enforcement

What is the fastest legal means to get child support in Texas Divorce.

June 5, 2018
Written by Christopher Migliaccio

Child support is typically ordered in a Final Decree of Divorce.  Texas law requires a 60 day cooling off period after you file for divorce before the court can grant the divorce and sign the Final Decree of Divorce.  If the divorce is contested, you may often be looking at well over 6 months or… Read More

FAQ Category: Child Support, Divorce

Legal & Physical Custody: Can a parent have legal custody without physical custody?

November 25, 2014
Written by Christopher Migliaccio

The courts prefer that both parents be involved in the decision-making regarding the child’s life. Thus, in custody cases, the courts may award joint managing conservatorship, as it’s known in Texas but may be also be known as joint legal custody. While in some cases, the court will also award joint possessory conservatorship (or joint… Read More

FAQ Category: Child Custody

What should I bring to my bankruptcy 341 meeting of creditors in Plano?

November 17, 2014
Written by Christopher Migliaccio

In most Chapter 7 and Chapter 13 bankruptcies, the debtor must attend a meeting called the bankruptcy 341 meeting of creditors. He must bring along certain types of documentation to the meeting. Some of those documents are mandated by bankruptcy law; others are mandated by the local laws in the district, while still others are… Read More

FAQ Category: Bankruptcy

When should I file for bankruptcy in Dallas so the trustee doesn’t get my tax refund?

November 11, 2014
Written by Christopher Migliaccio

Texas allows you to choose between Texas tax exemptions and federal tax exemption rules. If you choose Texas exemptions, you may be unable to keep the refund. But if you choose federal exemptions, you may keep the refund under the wildcard exemption, which allows you to exempt up to $1,150 in personal property and up… Read More

Where can I get online bankruptcy forms?

October 22, 2014
Written by Christopher Migliaccio

When a person wants to file any bankruptcy-related action in Plano, there are a number of forms that he must first fill out before he takes any further action. You will require Official Bankruptcy Forms to initiate a bankruptcy action, and Procedural Forms for some stages of the bankruptcy proceedings. Locating Online Bankruptcy Forms  The… Read More

FAQ Category: Bankruptcy

Will my children get a say in child custody in Texas?

October 2, 2014
Written by Christopher Migliaccio

Previously, the child could file a written preference with the court to inform a judge of his or her preference. But this led to problems when both parents had the child write down his or her name. So now, in a nonjury trial, the judge may interview the child in chambers to determine the child’s… Read More

FAQ Category: Child Custody

What are the requirements to file bankruptcy and the necessary fees?

September 26, 2014
Written by Christopher Migliaccio

Filing for bankruptcy in Plano has certain requirements that those filing must meet. There are also specific fees that they must pay. Read on to learn more about the requirements to file bankruptcy, as well as any associated bankruptcy filing fees. What are the bankruptcy filing fees? There are numerous bankruptcy filing fees. Anyone who… Read More

FAQ Category: Bankruptcy

Can one spouse file for bankruptcy? Will one spouses debt affect the other’s credit?

August 28, 2014
Written by Christopher Migliaccio

Yes, one spouse can file for bankruptcy. The other might be affected too, though the bankruptcy will not appear on his or her credit report. Chapter 7 bankruptcy filings will remain on the filing spouse’s credit report for 10 years after filing, whereas Chapter 13 filings will remain on the filing spouse’s credit report for… Read More

FAQ Category: Bankruptcy

Parents’ visitation rights: Can a parent who committed violence get visitation?

August 22, 2014
Written by Christopher Migliaccio

A non-custodial parent in Dallas may get reasonable visitation rights to ensure access to the child. When a parent physically abuses a family member in the home it is called domestic violence. In cases of child custody and parents’ visitation rights, domestic violence can affect a judge’s decision. In Texas, the courts consider multiple factors… Read More

FAQ Category: Child Custody

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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