Skip to main content
Nathan Templeton Anderson

Nathan Anderson’s Answers

46 total

  • Terminating rights

    I have a son and the mother wont let me see him, she does allow my parents to see him during my court ordered visitation and my parents are not helpful at handing him over to me when its my time. They are both pretty much against me seeing my son ...

    Nathan’s Answer

    It is possible for you to voluntarily terminate your parental rights in Texas. Before doing so, it is critical that you fully understand the legal consequences of this decision. It is also critical that you understand that even if you voluntarily terminate your parental rights, the court could still order you to pay child support.

    See question 
  • Do any Divorce Lawyers provide there services for no cost or picked up by other party?

    My sister in-law is getting a divorce. She has three children and is not working. Her husband was the sole income provider for the family and he has left. He committed adultery and she would like to get a knowledgable divorce lawyer. Her concern i...

    Nathan’s Answer

    Sometimes Texas courts grant temporary orders which require the wage-earning spouse to pay the attorneys' fees of the other party. If the husband is the sole bread winner (based on your question he is), there is a chance the court will order him to pay your sister-in-law's attorneys fees. The best way to achieve this is for her to retain an attorney and then seek temporary support in the form of attorneys' fees while the divorce is pending.

    See question 
  • If my son's biological father has never paid child support should i allow his family to see my son?

    My 12 year old son dose not know his biological father or anyone in his family. his biological father's family wants to see my son. i don't know if i should allow them to see my son. please help me.

    Nathan’s Answer

    Under the Texas Family Code, unless there is a court order providing possession and access by your son's paternal grandparents you are not required to allow them to see him. Generally, the Texas Family Code designates the parents as the child's joint managing conservators, and Texas courts to not automatically provide grandparent's with possession and access rights. Note that under Texas law, you cannot condition a conservator's access to a child upon his or her payment of child support.

    See question 
  • I am planning on relocating next year with my child.

    I get no sufficient support from the father. He lives out of state, is not on child support, and visits once every couple of months a few days at a time, and may call a few times a month. Now I'm planning a relocation, can he fight me on this at all?

    Nathan’s Answer

    Patricia has is right. If there is an order in place, you can always seek to modify it in another proceeding.

    See question 
  • Custody stipulation and consent order

    My fiance is divorced and his ex has custody of their daughter. They have agreed to change custody over to my fiance. He is writing up a stipuation in regard to the originally established custody agreeement. I read that it should accompany a conse...

    Nathan’s Answer

    You need to obtain what is called an Agreed Order in Suit Affecting Parent-Child Relationship in order for any terms of possession and access to be enforceable by contempt with the court. Without a judge's signature on an order, you can not seek enforcement by the court.

    See question 
  • My spouse claims fault for divorce plus i am retired but spouse wants my future wages?

    spouse falesly accused me of domestic violence; she wants more than 50% plus i retired in 2007; she wants disproportiante share or my future wages what do i do?

    Nathan’s Answer

    You need to see an attorney as soon as possible to protect your interests in dividing the community estate. Although Texas is a "no fault" divorce state, the court can consider fault grounds in making the "just and right" division of the estate.

    See question 
  • Am I legally married

    iI married a man in Texas he was still maried legally to a woman in this state. The woman is decease now but was alive when we was married. What do I have to do?

    Nathan’s Answer

    If you married the man in good faith, then you have what is called a putative marriage. Although Texas law treats the marriage as void in this circumstance, the law protects the innocent spouse by making the marriage putative. The legal effects of a putative marriage give you (assuming you acted in good faith and did not know of the prior marriage) the rights of a lawful spouse in property acquired during the relationship. In other words, you have the same community property rights for the duration of the putative marriage. Thus, once the putative marriage ends, you're entitled to a just and right division of the community property acquired during the putative marriage.

    See question 
  • What can I expect???

    Married 5 yrs-no children-sold home 5 mos ago-no life ins outside of employer

    Nathan’s Answer

    As in terms of property division? Can you give me some more information to help answer your question please?

    See question 
  • Shouldn't a divorce be settled with a separation agreement and other signed documents.

    We signed a notarized separation agreement to dissolve our marriage. My spouse's lawyer sent interrogatory questions in July and the following month my spouse sent a signed memorandum to both lawyers stating that she can have all the money in the...

    Nathan’s Answer

    Your divorce is not final until there is a final decree of divorce entered by the court. You can agree on the terms of the decree (some people come to an agreement through alternative dispute resolution, or between themselves). It sounds as if you've reached a preliminary agreement, but there is no decree. Because of this the discovery period is likely still open, and the other side is still entitled to conduct discovery of your assets. If you can reach an agreement as to the language of the decree, then there shouldn't be a need to complete the discovery process. Remember, the decree is THE document key to a divorce.

    See question 
  • Is a signed statement not in the divorce degree enforceable if filed with the court

    I signed a document saying my ex could move out of the the county divorced in. The divorce decree states he can't move out of the county. Is the document enforceable if he filed it with the court?

    Nathan’s Answer

    The terms of the decree control. Unless there has been a modification of the decree which the court has given a ruling on, then the original terms still apply. Without a court order allowing your ex-husband to relocate outside of Dallas county, you can seek to enforce the terms of the original decree by contempt. The agreement you provided is merely enforceable as a contract, which means that it is not enforceable by contempt.

    See question