David Moore Eaker's Answers

Free Divorce

The short answer to your question is that you may not have to pay the filing fee -- the only required fee for a divorce. But if you want an attorney to represent you, you will either need to pay for such services or find a volunteer attorney willing to provide services to you without compensation. By filing an affidavit of indigency with the District Clerk's office and assuming you otherwise qualify according to the income standards, the Court can waive or otherwise exempt you from having...

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How Can I get my ex husband to obey the divorce decree

You really need to sit down with an attorney who can read the decree. Anytime I'm asked "how can I get my ex-husband to do what he was ordered to do" I have to look at the order to find out what exactly he was ordered to do. At that point, the various enforcement options can be explored. Call me at the office and we can schedule an appointment to look over your orders and develop a strategy. David 972-772-8005

Do I need an attorney to relinguish parental rights??

The biological father merely wanting to terminate his parental rights will normally not be sufficient to end that legal relationship (and duty of support). Give my office a call and let's meet to discuss the details. Depending on particulars, it may be a simple deal or perhaps there is another option you haven't considered that will meet your needs and that of your child. David David Eaker Eaker Law Firm 972-772-8005

My son wants to live with me again

Paula is absolutely right. Children don't get the right to make such critical decisions. If the overall circumstances suggest that your prior order needs to be revisited, I strongly suggest you retain an attorney in the area where your last order was issued.

I want to move out of state with my son.

Relocation cases are the most complicated area of Family Law litigation these days and are very fact sensitive. What you have laid out is the start of building a case, but you will need to develop additional factors to support your move and also to demonstrate why staying behind will not be in your child's best interest. I have several of these cases currently and have tried several in the past with mixed outcomes. Again, it is very factually sensitive. If you would like, call or email...

I filed my divorce but im being told the waiting period w/o an attorney is way longer, is it too late to get an attorney?

I'm not really sure who is telling you there is a waiting period that somehow varies based upon whether or not you have an attorney. The only waiting period under the Texas Family Code is that the Court cannot grant your divorce within 60 days of the filing of the divorce petition. You can always retain an attorney and I would suggest that you do. Lawyers generally charge on an hourly basis so if things are cut and dry, you aren't looking at spending a whole lot of money but will know it...

I have been granted supervised visitation to see my son, but my ex wife is not allowing me to see him. what are my options?

You need to file a motion to modify your prior order and get some temporary orders in effect so that you can reunite with your son. If your prior order only allows you to see your son when his mother agrees, you have no real enforcible right to visitation under the present order. I'd be happy to meet with you to discuss this matter and determine whether or not I'd be able to assist you. Please call or email the office to schedule an appointment following the Thanksgiving holiday....

The mother has moved and wont put 10-yr old on plane by himself. Am I required to purchase 3 round trip tickets just to visit?

I wish I could provide you with a simple answer, but the situation you describe is more complex than you probably wish it was. Depending on how, when, and details of the other problems you have had with the mother's non-compliance with the visitation orders you may or may not have good remedies in an enforcement case. Also, the details relating to the airline travel would have to be reviewed to address those questions as well. If the child has flown on numerous occasions by himself or never...

Extended Summer Visit, states I get 42 consecitive days with my children since they live more than 100 miles from me????

No. Her exercising the weekend possession does not entitle you to make up time.

Can i stop the mother of my kids from leaving the state with them?

From your posting, it seems you have sought the assistance of everyone you can think of (CPS & Law Enforcement) but have not taken action yourself. If you believe the allegations that you laid out in your posting, you need to retain an attorney, file suit, and present that evidence to the court as a basis for modifying your present order to protect the children. The police and CPS may not be able to do anything -- as your wrote in your posting -- but one person can do something about this...