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Frequently Asked Questions

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  • Bankruptcy
    • Chapter 13 Bankruptcy
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  • Property Division
  • Spousal Maintenance and Support
  • Family Law
    • Child Custody
    • Child Support
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Do I need to tell my employer or landlord I filed bankruptcy?

April 25, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Depending on what kind of bankruptcy you filed — Chapter 7 or Chapter 13 – an employer or landlord could discover it. Furthermore, the answer varies in regard to your boss and your landlord.  Do I have to tell my employer I filed for Chapter 7 bankruptcy?  Filing Chapter 7 bankruptcy does not obligate you… Read More

FAQ Category: Bankruptcy

What does the court consider in deciding if grandparents should have custody or visitation rights?

April 23, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In Texas, grandparents may have the right to possession and access to the child, or even the right to physical custody (managing conservatorship), which entails primary residence and/or ability to make decisions regarding the child’s life. This will depend on the circumstances and what the court believes is in the child’s best interests. Grandparents’ Right… Read More

FAQ Category: Child Custody FAQ

Can I file for bankruptcy again? Is there a time limitation between bankruptcies?

March 14, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

If you have previously filed for bankruptcy but need to file again, the ability to do so depends on if you’re filing the same type of bankruptcy as you did the last time. Different rules apply. This will also determine when you can file the next bankruptcy. The majority of people, roughly 80 percent, who… Read More

FAQ Category: Bankruptcy

Does the court consider criminal charges when awarding custody?

February 27, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner. Under Texas Family Code Section 153.002, the courts must make custody decisions based upon what they… Read More

FAQ Category: Child Custody FAQ

How do we decide who gets our children on certain holidays?

February 17, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

The parents may make decisions regarding who gets the children on certain holidays, or state laws may apply. Of course, it’s best if parents can come to a mutual agreement. In fact, it should be the goal (as much as possible) to work together on any issue surrounding the children. How the Standard Possession Order… Read More

FAQ Category: Child Custody FAQ

Do I have to close all my bank accounts after a bankruptcy?

February 11, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Bank accounts don’t necessarily have to be closed after a bankruptcy. However, the money in those accounts could become an issue when filing for Chapter 7 bankruptcy. That’s because the assets of those who file Chapter 13 bankruptcy are protected. But with Chapter 7, some types of property have to be sold or used in… Read More

FAQ Category: Bankruptcy

What are mothers’ rights in child custody?

January 29, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration. What Texas Laws Say about Nursing Infants and… Read More

FAQ Category: Child Custody FAQ

How is custody determined if the parents divorce while the mother is pregnant?

January 17, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

If the mother is pregnant when a couple decides to divorce in Plano, the court may not grant custody right away. In fact, the court may encourage parents to wait until the child has been born before seeking a divorce and/or finalizing a divorce. How does pregnancy impact a divorce case? Once a couple does… Read More

FAQ Category: Child Custody FAQ

Why should I use a bankruptcy attorney?

January 15, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

There are several reasons to hire a bankruptcy attorney, even if there are forms and kits available online. Generally speaking, it can be a very complicated process that can feel overwhelming. Missing items or errors of any kind could potentially prevent a successful filing and may even lead to further complications. An Attorney Can Help… Read More

FAQ Category: Bankruptcy

Will the court allow me to change my child’s last name to mine?

December 26, 2013
Written by Christopher Migliaccio | Last updated on August 9, 2023

There is a possibility that the Plano courts might grant a request to change your child’s last name to yours, but only if they think it’s in the best interest of the child. You’ll need to speak with an attorney to discuss how to best present your case and to file a petition. Divorce Laws… Read More

FAQ Category: Family Law

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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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