Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. 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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  2. How to get custody of my son back from my parents?

    Answered almost 2 years 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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  3. 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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  4. How can I keep full custody of my son if I file for child support.

    Answered about 1 year 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

  5. How does child support office calculate the amount of insurance i am paying if it is a "family" insurance plan

    Answered about 1 month ago.

    1. Thomas James Daley
    2. William Eric Hulett
    3. Maria Sara Lowry
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    There are two steps to calculating it: FIRST, you figure out how much insuring children costs you. Usually that means getting a quote (or a sheet from your HR department) that shows how much to insure everyone. Then get a quote to insure just you (and your new spouse, if applicable). The difference is the cost of insuring children. For example, of you had a quote that said family insurance is $450 per month and insurance for just you and your spouse is $375 per month, then the cost to...

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

    Answered 9 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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  7. If you don't have pay check stubs, how is child support calculated?

    Answered about 1 year 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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  8. My teenage boys would like to change their last name to their step father

    Answered about 1 year 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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  9. Is leaving a 9 yr old child at school before it is open in the morning and in the cold neglect or something? What can be done?

    Answered about 1 year ago.

    1. Thomas James Daley
    2. Bryan L. Walter
    3. Rachel Adel Smith
    3 lawyer answers

    What to do depends on what you want to happen. Do you want the court to order the parent to quit his or her job in order to drop the child off closer to when the doors open? Do you want the court to order the school to open the doors earlier? Do you want the court to take the child from that parent and place the child in foster care? Deciding what action to take depends on what outcome you seek.

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  10. Should I file an appeal or a motion to reconsider in a family law case that appears to be a kangaroo courtroom?

    Answered over 1 year ago.

    1. Jason Paul Steed
    2. Thomas James Daley
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Saying that the judge runs a "kangaroo court" and then wanting to know if you should ask the alleged kangaroo to change his or her ruling seems odd to me. If you think the court is manifestly unfair and you are convinced you preserved error for appeal, then appeal. If you are not sure whether you preserved the court's error (if any), then (a) file a motion for new trial on the issue of legal fees; (b) get a copy of the billing statements/ledger; (c) get your motion set for a hearing as soon...

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