Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. What is the 1st step he should take? My sons (ex)girlfriend is using their baby like a pawn.

    Answered about 3 years ago.

    1. Thomas James Daley
    2. Robin Laurie Rubrecht
    2 lawyer answers

    F irst three steps: 1. CONSULT with a good family lawyer and explain all the facts in detail. That way the attorney can give you an idea of your options and the range of possible outcomes. 2. HIRE a good family law attorney. Custody battles are complicated and it is easy for one to slip out from under you. 3. FILE a petition to establish paternity and set up conservatorship, a possession schedule, and child support. I am very familiar with the courts in Dallas county and can assure...

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  2. My husband was served almost 60 days ago, now he is calling and saying he never was served

    Answered about 3 years ago.

    1. Thomas James Daley
    2. Scott Douglas Marquardt
    2 lawyer answers

    I am very familiar with the courts and the clerk's office in Collin County so here are some specific pointers: 1. Look you case up: You can look at your case file by going to this link: http://www.co.collin.tx.us/courts/case_information.jsp. Click on "Case Search - Basic". Put in his information (you only want civil and district case information) and let it search. When it finds your case, it will show up at the bottom of the screen. Click on that case and you'll see everything that the...

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  3. How do I go about getting and annulment and having him prosecuted?

    Answered over 3 years ago.

    1. Thomas James Daley
    2. Cynthia Russell Henley
    3. Yevgeny Jack Berner
    3 lawyer answers

    The first wife's divorce is the first wife's problem. You can file a motion to have your marriage declared void, which you should do ASAP. If you don't do that, then as soon as the first marriage is dissolved, your marriage will spring to life and you will start accumulating community property that you might have to split with him one day. File your motion to declare marriage void ASAP and get him out of your life. Good luck!

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  4. What can I do about this vehicle and apartment in both of our names?

    Answered over 3 years ago.

    1. Thomas James Daley
    2. Yevgeny Jack Berner
    3. David Alexander Browde
    3 lawyer answers

    I'm sorry you're facing all these problems while isolated from your family. I think you're going to have to chose between protecting your credit rating and living closer to your support group. You can probably sue him to recover the apartment rent, or at least half of it, but I don't know that he'll ever pay. A sympathetic JP court judge might just give him the beat down he needs. Good luck!

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  5. Hearing for a Temporary Injunction?

    Answered almost 4 years ago.

    1. Thomas James Daley
    2. Hubert Ray Steinmann
    2 lawyer answers

    The papers you were served with should say exactly what the purpose of the hearing is. It could be something as simple as injunctions against bad-mouthing each other during the pendancy of the matter, not taking the child out of state during the pendancy of the matter, or something has horrific as denying you any access at all to the child for a period of time. You should immediately take your papers to a consultation with a local family law attorney who can read them for you and give you...

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  6. Curious about issue

    Answered 6 days ago.

    1. Thomas James Daley
    2. Cristi Trusler
    2 lawyer answers

    This is a complicated issue. You have no rights as to the child, but you do have a right to protect your stuff. Generally, if you want to make life easier for your husband, you are better off leaving discipline to dad. It sounds like this child has too many people "popping" her anyway and from the language you report her using, it sounds like she needs counseling. So rather than focus on whether you have the right to "pop" her, I'd focus on getting her some help and leaving punishment to dad....

    4 lawyers agreed with this answer

  7. The mother of my son is not letting me see my kid. I need help. What can I do ?

    Answered 9 days ago.

    1. Jessica Estorga
    2. Thomas James Daley
    3. William Tyler Moore Jr
    4. Melissa Morgan Williams
    4 lawyer answers

    I'm sorry you're having to endure this and I admire your consistent efforts to visit your son. Here's what you have to do: 1. Get a certified copy of the court order that gives you possession rights (that's the child support order). 2. Go to the place you are supposed to pickup your child at exactly the time you are supposed to be there. Take the certified copy of your court order with you. If she won't let you see your child or she's not there, be calm, step back to your vehicle, and...

    4 lawyers agreed with this answer

  8. Can it be used against me that I don't make my daughter pray?

    Answered 13 days ago.

    1. Thomas James Daley
    2. Fran Brochstein
    3. William Tyler Moore Jr
    3 lawyer answers

    No. I am very familiar with the judges in both Collin and Dallas Counties and can assure you that they will not hold it against you. What you really need to do is sue him for that unpaid child support. The AG will do that for you for free. They are slow (very slow), but they are free. You can also hire a private attorney. We are a lot faster, but you have to pay. However, if the court finds that your ex is in contempt of court for failure to pay child support, the court MUST order him to...

    4 lawyers agreed with this answer

  9. Lying during a home study... Child custody

    Answered 13 days ago.

    1. Thomas James Daley
    2. William Tyler Moore Jr
    3. Tony Anthony
    3 lawyer answers

    I'm assuming your husband is the father of the child in question. The Texas Family Code and the United States Supreme Court give high preference to the child's parents being appointed as joint managing conservators of the child. It's possible and often happens that a child's parents carry so much baggage that the judge has to do something else, though. You didn't provide any facts about WHY the aunt has custody right now. That suggests that the court and/or CPS might have had some issues...

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  10. How long can she stall getting an attorney for family court?

    Answered 14 days ago.

    1. Maria Sara Lowry
    2. Thomas James Daley
    3. David P. Senkel
    4. Albert Filidoro Jr.
    4 lawyer answers

    It depends on the judge. Where I practice, the judges usually let you postpone ONE hearing. When you show up at the next hearing saying you need more time to hire an attorney, they'll ask "What will be different in 30 days?" Most of the time, the bottom line answer is "Nothing." At which point, they proceed with the hearing. If on the second go-round the unrepresented person says, "I'm getting a bonus in two weeks" or something like that, the person might get a second pass. That's just a theory....

    4 lawyers agreed with this answer

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