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Thomas James Daley
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Thomas Daley’s Answers

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  • How to add the biological father to a birth certificate if the mother is now dead

    The mother was legally stil married but was seperated from him for 2 years .when she had the baby she wanted to put the biological fathers name on it but they said they could not do that but they allowed het to use his last name.

    Thomas’s Answer

    Depending on the age of the child, file a suit to adjudicate paternity and get ready to pay some child support. You didn't provide enough facts for a truly useful answer, but if the child is not living with you, you might end up being a joint managing conservator with a possession schedule and a child support obligation.

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  • How do I enforce a child custody order if I do not have money for attorneys fees?

    My ex husband is in constant violation of the custody and possession schedule ordered by the court. Does not drop off at correct time or location, sometimes refuses to return the child until 24 hours after the time ordered, consumes alcohol and th...

    Thomas’s Answer

    You ask how to represent yourself without an attorney and then complain when someone gives you the blueprint for self-representation.

    The ugly fact is that you probably cannot successfully enforce an order without a good family law attorney helping you. Enforcement is much more technical than divorce. One wrong move and he gets away with his past violations forever.

    And you calling the judge "dishonorable" suggests to me that you've had some bad experiences with the judge. I don't know judge Dean, but I know she is in charge of what happens in that courtroom. You need someone who has a more constructive working relationship with her than you do.

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  • I can not afford a lawyer and I want to file for a divorce from my estranged wife who lives in another state.

    2 kids involved. No property together. Mother just spent 2 days in jail for dui and she has no job and no where to live and I have my kids. I just want out this marriage quick. She agrees with the kids being with me.

    Thomas’s Answer

    You can go to the law library at the district clerk's office and get the paperwork to file on your own. You should at least get the suit filed ASAP because she could always file from the other state and make you fight a contested divorce there.

    I wouldn't say I can't afford an attorney until I've done my research to find out if there are attorneys who might do limited scope representation for a lesser fixed fee than the full hourly rates of an attorney providing full representation. You want your final order to be able to hold up. In all likelihood, there is going to be a big, wide 2 year window for her to attack the final decree of divorce, so you want to make certain it's bullet proof.

    Good luck!!

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  • How do you go about divorcing a Navy sailor stationed in another country?

    we were married in Rhode Island but I am currently a resident in Texas and she is stationed in Spain. she is denying that there is anything she can do from Spain.

    Thomas’s Answer

    I'm not sure what she means by saying she "can't" do anything.

    If there are no children and no significant property, the process is not that hard. If there are children or there is property that needs to be divided, then it's a little more complicated.

    The main trick is getting her served, either constructively or actually. If all you need is a status adjudication, then constructive service can be good enough. If you need more than status adjustment (from married to not married), then serve her by registered mail from the district clerk's office.

    Once she's been served, send her a proposed agreed decree. If she signs it, you can present it to the court. If she won't, then wait to see if she files an answer. If she does not, then default her.

    There are some protections for folks deployed on active duty, so be sure to consult with a good famly law attorney to find out exactly what to do in your particular case.

    Good luck!!

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  • How can I get child custody orders enforced if I cannot afford an attorney?

    My girlfriend got divorced a couple of years ago. She couldn't afford an attorney and her ex is from a wealthy family and had a good attorney when they got their divorce. The decree gave him custody of the kids and makes it to where she has to be ...

    Thomas’s Answer

    She can't win without an attorney. Enforcement is very technical and easy to beat when self-represented litigants try to bring the suit. Modification is not quite as technical, but the rules of procedure and evidence are complicated and will be used against her if she does not have an attorney. For example, if she does not have an attorney, the other attorney will probably get all kinds of otherwise inadmissible hearsay admitted as evidence when a lawyer on her side could prevent that.

    So her question shouldn't be "How do I do this without an attorney?" but "How can I afford an attorny?" Ask her to try legal aid. If that won't work for her, she can get a credit card or save her money up.

    I know that sounds a little heartless, but your question really amounted to "How can I win a war without an army?" It's not fair, it's not right, and it's not something to be proud of in our system, but the answer is "You can't."

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  • Will i get any equity on the home if he doesnt get my name off the house and the decree states that it has to be sold?

    my ex told me it will be hard for him to refinance the house by the end of the month and in our divorce decree it states that if he does not get my name off it that the house should be sold, we brought the house on dec 2007, do i have a right sel...

    Thomas’s Answer

    It depends on the decree. If the house was awarded to him, subject to the requirement that he remove your name from the debt within a certain period of time, then NO you won't get any portion of the equity if the house is sold. If the decree gives you the right to have a receiver appointed to sell the home, you might get some money to cover your legal fees, but it won't put you ahead.

    If the decree did not award the house to anyone, but permitted him to live in it until it was sold, then the decree should also contain a section that controls the disposition of net proceeds from the sale of the house.

    Based on the wording of your question, it sounds like the first scenario applies to you.

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  • What steps do i need to take if my ex is not following the divorce decree concerning child custody

    my ex fight me in court to get extended visitation for our child on our final decree. He does not care about our son well being and his progress in school. He has not been following the visitation at all and he sees our son whenever he feels like ...

    Thomas’s Answer

    This sounds like the facts for another question you asked. Are you asking how to force him to see his son more? If that's the question, you can't. The non-primary has the RIGHT to see the child, but not the DUTY to see the child. It's pitiful when a parent won't spend every moment he or she can with the child, but it happens.

    If, as your other question suggests, you are seeking more child support, you might use his failure to exercise possession as an argument for above-guideline child support. I've won that argument a few times, so I know it's possible.

    Good luck!!

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  • What should i do to get an increase on child support

    my ex is not following the divorce decree, he sees the child whenever is suitable for him, i pay child care, medical expenses and etc and the support is not helping enough, i keep the child 95 percent of the time and he quit his second job during ...

    Thomas’s Answer

    The AG can help you with the child support case. They won't charge you, but neither are they very aggressive in their investigations, usually. However, the folks at the Domestic Relations Office (DRO) in Dallas are really good and very aggressive. What you really want is for the AG/DRO to go after your ex and bring him into court. Once they've served him, if you can afford it, you should hire a private attorney to represent you in the suit. Your attorney will be make an aggressive argument based on dad's historical earnings ability to try to overcome dad's job-shifting-child-support-avoiding gambit. Believe me, he's not the first wizard to come up with this idea.

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  • How can I find out what I owe in back child support?

    I have been paying on my child support for a while now but cannot seem to find out what my balance is. I have been having a lot of difficulty figuring out what i owe. Can you help me please?

    Thomas’s Answer

    There are two ways. First you can ask the OAG for the information you need to log in to their web site. Once you log in to their web site, it will tell you what the OAG thinks you owe. That number can be waaaaay off, so make sure you understand it before just accepting it as true.

    The second way is to go to a child support office and ask them to print off a payment record that shows the accumulation of any arrearage.

    Good luck!!

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  • How do I divorce when my husband is in jail?

    A year ago, I found out my husband was using meth, he left and has been in Georgia ever since. He is now in a county jail on charges of failure to appear and possession of meth- I have no idea for how long. Since we filed taxes as married (no marr...

    Thomas’s Answer

    Divorce him like you would anyone else. Just get him served quickly (which can be done through certified mail sent by the district clerk's office to the jail). If he fails to answer, default him. If he answers, set the case for trial and let him appear by telephone.

    Good luck!!

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