Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. 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 about 1 year 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

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

    Answered over 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

  3. Should I write the DA asking for my husbands stipulations on his bond be lifted because of family violence.which I am the victim

    Answered about 1 month ago.

    1. Thomas James Daley
    2. Penny Wymyczak-White
    3. Cristi Trusler
    4. William Monroe Hines
    4 lawyer answers

    No. He has not learned any lessons. In fantasy land, people get help and do better. In the real world, people do not change. The violence against you had nothing to do with a relationship problem. It had everything to do with your husband's understanding of what is appropriate behavior when dealing with conflict and his particular coping mechanisms for stress. What has changed? His childhood still is what it was...that can't change. And what new coping mechanisms has he learned? None. I'm...

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  4. My 3yr old granddaughter, has been placed in a placement home. For the third time. She was found with 2 STD, under mother's care

    Answered about 1 month ago.

    1. Thomas James Daley
    2. Ian Michael Kuecker
    3. Cristi Trusler
    3 lawyer answers

    Is the District Attorney involved? Has a forensic interview been done with the baby? There are ways to get information out of a child, but it takes training and patience. I know AVVO users get tired of the "go hire a lawyer" advice that pops up in 80% of the questions that get asked. However, you've presented a terribly complicated case. Stay united with your former son-in-law and, if you have to, help him hire a really good family law attorney. Based on the facts you've presented, he has a...

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  5. After researching, I find that my question gets asked quite a bit. How to file a petition for terminating parental rights.

    Answered about 2 months ago.

    1. Thomas James Daley
    2. William Eric Hulett
    3. Lisa M. Vanauken
    4. Mark Allen Land
    4 lawyer answers

    I have seen courts do voluntary termination where future step parent adoption was discussed. I've seen that in Dallas and Collin Counties. I think that is an imprudent judgment, but, no one has elected me to the bench where such an opinion would have value. I've only seen a court do involuntary terminations by defaulting the non-responding parent in auxiliary courts in Collin County. I would not count on that outcome in Travis County. On the other hand, it doesn't hurt too much to try. You...

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  6. Retroactive child support

    Answered 2 months ago.

    1. Thomas James Daley
    2. Charles Emmerich Hardy
    3. Jordan E. Watson
    4. Adam Kielich
    5. Lisa M. Vanauken
    5 lawyer answers

    Once the judge signs the order, the issue of retroactive child support is closed. There are two reasons for this: (a) The issue has already been litigated (even if it was agreed, it was litigated) and an order has been made on that issue; and (b) at the time the order is signed by the judge, the order is presumed to be in the child's best interest. Mother would have known all knowable facts regarding the child, so what new fact concerning the child's best interest could emerge such that the...

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  7. How much jail time is he going to get an can I get sole custody of our son

    Answered 2 months ago.

    1. Thomas James Daley
    2. William Eric Hulett
    3. Lisa M. Vanauken
    3 lawyer answers

    On the criminal matter, sounds like he'll get at least 2 years, but I don't know anything about criminal law. "Sole custody" is not a legal concept recognized in Texas. Therefore the term "sole custody" means different things to different parents. In Texas, the legally proper questions would be: 1. Can you become sole managing conservator of the child? Probably, but that's not really worth much of a fight. Conservatorship merely has to do with how decisions are made for the child and who...

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  8. 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 9 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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  9. Loans from family as community debt??

    Answered about 1 year 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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  10. Can I re-open a closed adoption case?

    Answered about 1 year 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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