Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. What is the proper procedure(s) to obtain an Ex Parte Temporary Restraining Order in Texas Divorce?

    Answered 11 months ago.

    1. Thomas James Daley
    2. William Tyler Moore Jr
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    The process is to file pleadings asking for an ex parte TRO, presenting them and the proposed TRO to the judge for signature. If the judge signs the TRO, then there must be a hearing within 14 days. If the TRO seeks extraordinary relief, then you must be present when the judge examines the pleadings, supporting affidavit(s), and the proposed TRO. If you are asking for standard injunctions, then they are probably already covered in the Harris County Standing Order. If you are in TRO mode, you...

    7 lawyers agreed with this answer

  2. Can i adopted my stepson who's father has not been in his life since 2 months old due to domestic violence.

    Answered 6 months ago.

    1. Thomas James Daley
    2. Allison Travers Hamilton
    3. Dorothea Elaine Laster
    4. Celina Recalde
    4 lawyer answers

    It's a common process. You file a combined termination/adoption petition wherein you ask the court to terminate bio-daddy's rights and then in the next moment allow you to adopt. You'll have to either prove that there are adequate grounds for the judge to terminate the father's parent-child relationship (listed in Texas Family Code section 161.001) OR convince the bio-daddy to sign an affidavit of voluntary relinquishment of parental rights. If you can find him, he may sign away his rights in...

    6 lawyers agreed with this answer

  3. My husband moved out 2 months ago. He said he can go in the house when he wants because we're married. Is that true?

    Answered 7 months ago.

    1. Thomas James Daley
    2. Dorothea Elaine Laster
    3. Allison Travers Hamilton
    3 lawyer answers

    If the house is titled in your dad's name AND you do not have a written lease with your father, your father probably could "evict" your family, let you move back in, and treat your husband as a trespasser. Otherwise, if the house is titled to you and your husband OR you have a written lease that names him, he can come and go as he pleases until a court tells him to stop.

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  4. How do I remove my child's dad off child support?

    Answered 11 months ago.

    1. Thomas James Daley
    2. Adam Kielich
    3. Rachel Ambler
    3 lawyer answers

    You would have to file a lawsuit to modify the parent-child relationship to lower child support and then try to enter an agreed order for zero dollars per month. Who knows if the judge would actually sign the order--depends on the particular judge.

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  5. Divorced 20 yrs. own a house together. All expenses including taxes are my expense yet he gets 45% if I sell or marry.

    Answered 12 months ago.

    1. Thomas James Daley
    2. Travis L Turner
    3. Dana Palmer
    4. Mark Allen Land
    4 lawyer answers

    I would have to see your divorce decree to give you an answer worth anything. If you want credit for all that, you'd have to make some equitable claim prior to the closing of the sale of the house. I think your argument is that you kept the house up, kept the taxes current, and paid down the debt (thereby increasing the equity) all these years and therefore deserve some recognition for that. If you've been living in the house, his counterargument is that you've had a place to live all these...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Denied Visitation

    Answered 14 days ago.

    1. Thomas James Daley
    2. Robert Werner von Dohlen
    3. William Tyler Moore Jr
    4. Maria Sara Lowry
    4 lawyer answers

    I always advise clients to take a certified copy of their possession order (Divorce Decree or SAPCR Order) to the pick up point at the designated time. If they are denied possession, then call the police. The police aren't likely to be very helpful, but the responding officer WILL file an incident report, which is great evidence. Also, some police forces will refer the case to the DA for criminal prosecution of the other parent after a certain number of these incidents. The advice about...

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  7. What do I need to do to take away all rights from my son's father of seeing him, and what do I do until that happens?

    Answered 11 months ago.

    1. Thomas James Daley
    2. William Tyler Moore Jr
    3. Jimmie Lee J. Brown Jr.
    3 lawyer answers

    To take away the father's rights, you have to file a petition to terminate his parental rights. There are very specific justifications for doing this under the Texas Family Code (section 161.001). You can also ask him to voluntarily terminate his rights. HOWEVER: Based on the facts you've given, I don't think he is going to voluntarily terminate his rights and I don't think you have sufficient grounds to terminate his rights involuntarily. Therefore, your best legal option may be to file a...

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  8. I presently don't have a job but my wife works. I take care of our kids (8 & 1 year old). Who will get custody & the house?

    Answered 12 months ago.

    1. Thomas James Daley
    2. Michael Glynn Busby Jr.
    3. JaPaula C Kemp
    4. Bryan L. Walter
    5. Robert Reid Mcinvale Jr.
    6. ···
    6 lawyer answers

    (1) House itself will probably NOT be part of the settlement because it is not owned by either of you. However, she might claim an equitable right to reimbursement for repaying your father for his payments on the house. Your counterargument would be that (a) those payments were rent and thus just another community expense; and (b) there is an offset to any reimbursement claim because she had a place to live. I would not worry about the house. (2) You have a good chance at being appointed the...

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  9. My husband abandoned me and our 3 kids and while pregnant with our 4th child in 2010. he refused to care for his kids

    Answered over 1 year ago.

    1. Raymond Ellis Daniel
    2. Thomas James Daley
    3. Marlaina Renae Whitsitt
    3 lawyer answers

    If he wants a divorce, he is going to get one. The child support case will probably be consolidated with the divorce case. If the children are his, he will have to pay child support for them based on his income. Child support guidelines are that he would pay 35% of this monthly net resources to you in child support, assuming he does not have any other children for whom he is financially responsible. You must hire an attorney. If you cannot afford one, apply for help with Legal Aid of North...

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  10. I want to start a business in California but don't have a physical adress in California( I reside in texas).

    Answered about 3 years ago.

    1. Thomas James Daley
    2. M Elizabeth Gunn
    3. Pamela Koslyn
    4. Jonathan B. Lefkowitz
    4 lawyer answers

    You can register your corporate in California quickly. The California Secretary of State handles business incorporation and provides a web site with forms and fees. (http://www.sos.ca.gov/business/be/forms.htm#corp) You can register without physically being in California but you will have to have a physical address there for service of process (in case someone needs to sue your corporation). If you will not have an office there, you will need to sign up with a registered agent service, some...

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