Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. I want to start a business in California but don't have a physical adress in California( I reside in texas).

    Answered over 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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  2. What are the visitation, custody and child support laws in Texas for the non-married father of an umborn baby?

    Answered about 4 years ago.

    1. Thomas James Daley
    1 lawyer answer

    You need to file a Suit Affecting the Parent Child Relationship (SAPCR). In that suit you will ask for joint managing conservatorship, possession and access, and offer to pay guideline child support. The standard possession order, which is the one that gives the possessory conservator every other weekend, etc. does not automatically apply to children under the age of 3 so your visitation will be determined by the court. Some courts order a 50:50 possession and access schedule with newborns,...

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  3. How difficult is it to have parental rights terminated in Texas

    Answered about 1 month ago.

    1. Thomas James Daley
    2. Cristi Trusler
    3. Mark Allen Land
    3 lawyer answers

    The grounds for terminating someone's parental rights are contained in chapter 161 of the Texas Family Code. You can compare that checklist against your facts and see how many objective matches you have. I know this isn't what you asked, but what I would do is aggressively go after that child support arrearage and demand jail time for it. Sometimes you can use the prospect of no future accrual of child support as an incentive to get an obligor to voluntarily relinquish his or her parental...

    5 lawyers agreed with this answer

  4. Plea agreement for8 weekends turned out to be 16 weekends. The lawyer lied what can do?

    Answered about 1 month ago.

    1. Thomas James Daley
    2. William Tyler Moore Jr
    3. Suzanne Stevens
    4. Kellye Reeves
    5. Bryan Patrick Hoeller
    6. ···
    6 lawyer answers

    You should be able to get a copy from the attorney for free. If not, you can ask the district clerk's office for a copy. At most, they might charge $1 a page. If you can't even afford that, you might have her file an affidavit of indigency and THEN ask for the copy from the district clerk's office. As to what do to with the attorney, take all your paperwork to a malpractice attorney and let them review it all for you. Court proceedings can be a maze of papers and procedures and what looks...

    5 lawyers agreed with this answer

  5. Can a judge finalize a divorce decree without my knowledge?

    Answered about 2 months ago.

    1. Thomas James Daley
    2. Shawn E Vandenberg
    3. Anthony Robert Scifo
    3 lawyer answers

    Hire an attorney and file a motion for new trial. You have a very short time to get that done, so you need to move quickly. There are a number of ways that this could have been done in a legally proper manner, so I don't want to say the judge can't do that.

    5 lawyers agreed with this answer

  6. Ex is requesting standard visitation, what are his chances?

    Answered 2 months ago.

    1. Thomas James Daley
    2. George B. Mackey
    3. Lisa M. Vanauken
    3 lawyer answers

    The Texas Legislature has instructed our judges to impose the least possible restrictions on parents in terms of visiting with their children, so long as the child's safety and welfare are protected. It sounds like dad is a loser, but nothing in you description suggests that he is a danger to your child. Therefore, I suspect that the court will give him a chance to work up to standard possession. Dad needs to keep in mind that along with possession comes child support. If he doesn't pay the...

    5 lawyers agreed with this answer

  7. Is child support from one non-custodial parent considered income for child support for another set of children?

    Answered 2 months ago.

    1. William Eric Hulett
    2. Thomas James Daley
    3. William Tyler Moore Jr
    4. Lisa M. Vanauken
    5. Dorothea Elaine Laster
    6. ···
    8 lawyer answers

    YES. Child-support payments actually received are included in net resources. Texas Family Code Section 154.070.

    5 lawyers agreed with this answer

  8. Can move out of the city and still keep my right of visitation and possession of my child?

    Answered 9 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

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

    Answered about 1 year 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...

    5 lawyers agreed with this answer

  10. When can I file for child support?

    Answered about 1 year 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.

    5 lawyers agreed with this answer

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