Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. Can move out of the city and still keep my right of visitation and possession of my child?

    Answered 4 months ago.

    1. Allison Travers Hamilton
    2. Maria Sara Lowry
    3. Thomas James Daley
    3 lawyer answers

    If you have a standard possession order, you have four sets of possession rights: 1-a: When you live within 100 miles of children; 1-b: When you live more than 100 miles from the children, but close enough to see them on 1/3/5 weekends; 1-c When you live more than 100 miles from the children and couldn't get back more than once a month. 2 Holidays unaffected by distance. You always excercise #2 and you exercise 1-a, 1-b, or 1-c depending on where you live. So if you move, your legal...

    5 lawyers agreed with this answer

  2. Children under CPS custody, how do I as a grandmother get them back? Need advise!

    Answered 8 months ago.

    1. Thomas James Daley
    2. Thomas G. Simchak
    3. Rachel Ambler
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    If the only issue regarding your current residence is that a person with a felony is living there, kick that person out (unless it's your husband). If it's your husband and the felony was a long time ago, you could argue to the judge that time and everyone else has moved on and that the children would be safe there. You need to show the court: (1) How you will keep the kids in their current schools; (2) How you will get the kids to and from their activities; (3) How you can help the...

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  3. When can I file for child support?

    Answered 8 months ago.

    1. Thomas James Daley
    2. Rachel Ambler
    3. Jimmie Lee J. Brown Jr.
    3 lawyer answers

    The child support order cannot be rendered until the child is born. Once the child is born, the court can order DNA testing to establish parentage. Once parentage is established, the court can order retroactive child support beginning on the day the child was born plus an equitable portion of the prenatal and postnatal expenses. Tex. Family Code section 160.636.

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  4. Still married and have a child but have not seen child in 3 years and she has not pushed child support. SHE DOES NOT WANT IT.

    Answered 8 months ago.

    1. Thomas James Daley
    2. Patricia Jessica Dixon
    3. Rachel Ambler
    3 lawyer answers

    First you need to get divorced. As soon as she files for divorce, she should file a petition for termination/adoption. As soon as the divorce is granted, she can get the termination/adoption granted. She's going to need an attorney to help her through this. It is not a simple process and has to be orchestrated carefully. Good luck!!

    5 lawyers agreed with this answer

  5. Are "CONTENTS OF FINAL ORDER" of Tex. Fam. Code Section 105.006 required in divorce Temporary Orders?

    Answered about 1 year ago.

    1. Thomas James Daley
    2. J. Darlene Ewing
    3. Kayla Renay Maxey Wimberley
    3 lawyer answers

    You need to hire an attorney. Even without "Warnings" orders are enforceable as long as they are clear and unambiguous, in writing, signed by the court, and the party against whom enforcement is sought has actual notice of the order. Don't try to be your own lawyer. It's too easy to get distracted by non-issues such as this when as a party to the divorce you should be concentrating on the substance of the suit, not the procedural aspects of it.

    5 lawyers agreed with this answer

  6. I am adopting my step-son in Texas. I have read that the home study can sometimes be waived in this circumstance, is this true?

    Answered 4 months ago.

    1. Thomas James Daley
    2. Allison Travers Hamilton
    3. Earl N. Jackson
    4. Maria Sara Lowry
    4 lawyer answers

    The only authority for a pre-adoption home study is through Texas Family Code 162.003 which says the court SHALL do a social study according to chapter 107. Section 107.051 says the court MAY order a social study looking into the home circumstances. Other than those statutory breadcrumbs, I can tell you that just last week I was sitting in court in Dallas and heard the judge say to an adoptive step-father that the social study had been waived because the child had been living there forever....

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  7. Loans from family as community debt??

    Answered 8 months ago.

    1. Thomas James Daley
    2. Jimmie Lee J. Brown Jr.
    2 lawyer answers

    He's doing this in order to take a big bite out of the community estate. Little geniuses try this gambit all the time and attorneys routinely destroy it because everyone knows it's B/S, including the judge. An attorney can figure this out for you. Essentially you are going to ask for written proof of the terms of the loan. You say they'll just make up paperwork, but they might not get it right. Then in discovery you'll ask for an accounting of the use of the money. Finally, consider...

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  8. Can I re-open a closed adoption case?

    Answered 9 months ago.

    1. Thomas James Daley
    2. Bryan L. Walter
    3. M. Todd Miller
    3 lawyer answers

    Probably not. Once the court loses plenary power, the only way to attack the judgment is through an equitable bill of review, authorized by Texas Rule of Civil Procedure 329b(f). You have to dig in to case law (or hire an attorney who knows what he or she is talking about) to get much guidance on the elements and procedure for a bill of review. I have attached an article that is informative. The reason I say "probably not" is that In general, a petition for bill of review must be filed within...

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  9. Supervise temporary order

    Answered over 1 year ago.

    1. Thomas James Daley
    2. Terresha Deneen Wile Stevens
    2 lawyer answers

    If your case is in Irving, your case is before a specialized family court judge (as opposed to a general jurisdiction judge as in Collin County or Denton County). The judge who hears you prove up your final decree will almost definitely be the elected judge of that district while your temporary orders were almost definitely heard by the associate judge for that district. Therefore, when you go prove up your case, the judge may not know that supervision is in place, unless there is an AJ report...

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  10. How to get custody of my son back from my parents?

    Answered over 1 year ago.

    1. Thomas James Daley
    2. Vicki Elaine Wiley
    3. Jacqueline R. Kriebel
    3 lawyer answers

    If you live in the same school district as your parents, you might be able to get your son back. You are going to have to argue that there has been a material change in circumstances since the last order was written (which there probably has been) **AND** that the requested change is in your child's best interest. You're going to have a hard time on that point. Have you been exercising all your visitation rights? Have you met with your child's teachers to know what classes he's taking, how...

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