Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. 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 7 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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  2. Loans from family as community debt??

    Answered 12 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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  3. Can I re-open a closed adoption case?

    Answered 12 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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  4. 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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  5. 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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  6. What is your opinion of Fathers For Equal Rights in Texas?

    Answered almost 4 years ago.

    1. Thomas James Daley
    2. Ivan Matthew Friedman
    3. Fran Brochstein
    3 lawyer answers

    I can respond from the perspective of an attorney who has represented several mothers in litigation against fathers who were receiving services for "Fathers for Equal Rights." I don't know much about the organization, so I can't comment on that. I can just share with you the results I've observed. What I've observed is that they charge a lot of money for forms that are not all that good, that they give legal advice that is not very good, and mothers-with-attorneys beat fathers-for-equal-...

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  7. How can I keep full custody of my son if I file for child support.

    Answered 12 months ago.

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

    If you get child support, he will get visitation rights. That's just how it works in Texas.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a step grandparent married to a biological grandparent with felonies get guardianship of grandchild?

    Answered 7 months ago.

    1. Thomas James Daley
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    3 lawyer answers

    You don't want your husband to have joint conservatorship or guardianship with you. I think you have what you want. My advice is to leave your husband out of this.

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  9. If you don't have pay check stubs, how is child support calculated?

    Answered 12 months ago.

    1. JaPaula C Kemp
    2. Thomas James Daley
    3. Marilyn Gale Vilyus
    4. Vicki Elaine Wiley
    4 lawyer answers

    You do not need a lawyer because this is not your case. Your husband needs a lawyer. He can print an electronic paystub from his company's payroll web site or ask HR for copies. Saying that he gets direct deposit has nothing to do with his paystubs. His employer has to give him a statement each pay period detailing his hours worked, gross pay, and deductions from his gross pay. Those statements are considered "pay stubs." If he can't get any kind of payroll statement, he should at least...

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  10. My teenage boys would like to change their last name to their step father

    Answered 12 months ago.

    1. Thomas James Daley
    2. Dana Palmer
    3. JaPaula C Kemp
    3 lawyer answers

    You would either have to get their biological father to agree OR convince the court that the name change is in the children's best interests.

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