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Curtis W. Harrison

Curtis Harrison’s Answers

43 total


  • The father of my daughter has signed a Termination of Parental Rights. Will the court grant the termination?

    I am sole managing conservator. He has had no relationship with the child. He is ordered to pay child support, however, once rights are terminated I am not expecting any payment, which I am okay with. Also, I am okay with him terminating his right...

    Curtis’s Answer

    Probably not without first having an Attorney ad litem or Amicus Attorney appointed in order to conduct an independent review of the facts of the case. The Court has a responsibility to make a judgment that is in the child's best interest. The Court will start with the presumption that having a support-paying father is better for the child even though there is no parent-child relationship. You must bear the burden of demonstrating to the judge's satisfaction that it is actually better for the child to terminate the father's parental rights. The appointment of the ad litem or Amicus Attorney may help you to meet that burden.

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  • How can I find good divorce lawyer in Killeen ? How do I know they are good?

    Plz help me with find lawyer in tx Killeen , I'm in Hawaii it is so hard to find lawyer for me !!!!

    Curtis’s Answer

    I would go to martindale.com and lawyers.com. Both sights are very reputable and are owned by the same parent company. Look for an attorney in the geographic area who lists the substantive area of practice you need. Also look for an attorney who is "AV" or "BV" peer rated, as those are the two highest ratings available. Finally, look for an attorney who is board certified by the Texas Board of Legal Specialization in the particular area of law you need (www.tbls.org). Although not a prerequisite to finding a competent lawyer, board certified lawyers have already demonstrated their expertise in that area by qualifying through experience to take, and then pass, a rigorous examination in that area of law. Finally, call and ask to speak with the lawyer. If you don't get a call back within one day it's not a good sign in my humble opinion. When you do speak with the attorney, have a list of questions ready to go. See if the attorney is personable (ie. you like him/her) and provides useful information. There are a number of blogs on the internet that can give you more specific tips for preparing for your initial consultation with the attorney. Here is one of my favorites (http://dick-price.blogspot.com/search?q=choosing+an+attorney). Good luck!

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  • I need to see if my next step would be to counter petition the divorce?

    My husband filed for divorce last May and I submitted a general denial. We went to court in December without attorneys. The judge heard the case and ruled. The judge said my husband needed to rewrite the decree and we would go back in 30 days t...

    Curtis’s Answer

    • Selected as best answer

    There are a number of potential landmines involved with the scenario you have described, but the bottom line is there is no harm in filing a counter-petition, even at this late stage. Conversely, there is a risk of harm if you don't do so even though it sounds as though the judge is treating the matter as if you did file a counter-petition (by virtue of your spouse's failure to object to your lack of affirmative pleading).

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  • Filing for divorce in Texas

    I'm wishing to file for divorce. It's been a long time coming and I am ready to start my life over without being downgraded on the daily basis. I have a job offer in another state but I know I have to take care of my business in Texas first. Onc...

    Curtis’s Answer

    I agree with Andrew's response, provided that you and your wife can handle the divorce process cooperatively. Ultimately, you and your spouse jointly control both the process and the outcome. However, the process can become more complicated if the two of you stop cooperating. In such a scenario it is quite possible that you would have to return to Texas one or more times for hearings and/or depositions.

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  • Can an attorney quit a case after paying him $26000.00 and getting nothing accomplished?

    My son hired an attorney to represent him in a divorce case. My son's soon to be exwife's father is a police officer and has done some illegal things to have my son arrested twice and both times those cases have been dismissed. My son has a 3 mo...

    Curtis’s Answer

    Family law attorneys are generally paid by the hour for professional services rendered rather than for a particular result. Therefore, it is certainly possible for a litigant to incur substantial fees without achieving a desired outcome. Additionally, courts usually will allow an attorney to withdraw from representing a particular client for any number of reasons. However, a lawyer's right to withdraw from representation is not absolute, particularly if the withdrawal will materially harm the client's case. If your son does not agree for the attorney to withdraw he has the right to insist on a hearing for the purpose of having the judge decide whether or not to release the attorney from the case.

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  • Will my husband get half of my IRA?

    I have an IRA account wich was set up from the 401K account before the marriage. I didn't contribute to it during the marriage nor after it was transferred to an IRA account. Will my husband get half of the gain or insterest on the account when we...

    Curtis’s Answer

    Under Texas law, income derived from separate property during the marriage is presumptively community property. However, that does not automatically lead to a 50/50 division of the increased value. The court has the discretion to divide the community portion in a manner that is "just and right," which could mean that you keep 100% of even the community portion of the IRA asset while your spouse is compensated some other way.

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  • Language from my divorce decree. Does this mean I basically have a 30 day grace period?

    The Court finds that good cause exists that no order to withhold from earnings for child support should be delivered to any employer of JOHN DOE as long as no delinquency or other violation of this child support order occurs and as long as the Of...

    Curtis’s Answer

    In Texas you are not considered to be in arrears on your child support obligation until 30 days have elapsed since the due date for the payment. However, your ex can request that the withholding order be issued at any time. Once it is issued to your employer, they will begin to withhold the support from your paycheck automatically.

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  • My husband will get deported soon. Can I get full custody of my child since he won't be able to come back in the US?

    My husband is getting deported. He wants to get a divorce before he leaves the country, but he wants join custody of my daughter. He wants to take my daughter but right now he is not sure where he is going, so heI'll have to wait till I get sett...

    Curtis’s Answer

    The courts consider many factors when evaluating whether to grant one parent sole managing conservatorship instead of joint managing conservatorship. To obtain a definitive opinion you would need to have in-depth consultation with a local family law attorney in which the facts and circumstances are fully explored. However, there is no doubt that the Court would consider the fact that the father will be in another country when evaluating his ability to participate in joint decisions involving the child.

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  • If I am filing a counter-petition how do I know if I filled it out right?

    I'm filing counter-petition after going to court and giving away temporary custody of my child.Since then everything was drop and my child's father won't let me see my child,no court order in effect.

    Curtis’s Answer

    If you choose to represent yourself you should invest an afternoon at the local law library. They should have a copy of the Texas Family Law Practice Manual. The correct form of the pleading can be found in the manual, as well as some basic tips about which provisions are relevant to your particular case. Good luck!

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  • If the mother breaks up withDadCan a dad give up his parental rights just so he doesn't have to pay childsupport to the mother?

    She broke up with boyfriend now boyfriend says if she goes to file for child Support he will just give up his parental rights. He doesn't help her at all with financially right now.

    Curtis’s Answer

    Dad cannot unilaterally "give up" his rights. The paramount issue is the child's best interest, and the State has claimed an interest in ensuring that children have their minimum reasonable needs met through adequate financial support, among other things. Even if the the mother agrees to the father's request to relinquish his own parental rights, the State does not have to agree. Most courts in Texas will appoint an ad litem to make an independent evaluation into the facts and circumstances of each parent, as well as the child. The ad litem will then make a recommendation to the court about whether it is in hte child's best intersts to allow the father to relinquish his parental rights.

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