Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. Visitation

    Answered about 2 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    You have to register the foreign order, which is complicated. There is a specific process outlined in the Texas Family Code, so after you have a triple certified, sometimes called a certified exemplary, copy of the visitation order (or entire decree, whatever the full order is), you follow those instructions and register it here. Once registered, you can file a motion for enforcement. The reason for the hoops to register is that the legislature doesn't want people using false out of...

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  2. Our supervised visits are supposed to be at a designated place. he brings his mom along and she bullies me into going other

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Teri A. Walter
    2 lawyer answers

    Just say you don't want to be in violation of court orders... you don't want to set up a history with them or the court of giving in...

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  3. Is it possible for my SO to become the primary conservator of my step-son?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Leah Marie Roberts Harbour
    2 lawyer answers

    Assuming the SO is the biological father of the child or the other conservator, are there orders in place? If yes, you can probably fall back to the orders (50/50). If no, then neither parent has any set time, and you should probably start the 50/50 or more to get a history of possession in place, then file. If there are no orders in place or the orders make the mother the primary conservator, you have an uphill battle. Not impossible, but certainly not easy. As for worth trying, that...

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  4. What happens when a child is left in the care of one parent who becomes intoxicated, and the child dies - no visable injuries?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Cynthia Russell Henley
    3 lawyer answers

    First step is to call the prosecutor's office and see what is being done. Voice your concerns. See if they are prosecuting the case. If they are, you can start your own civil case or just let them handle it as a criminal case. Both, one or none can go on at the same time. However, you cannot prosecute him criminally, only the state can.

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  5. Can a 17 year old can move out from huntsville texas and live with his girl friend that lives in San Antonio?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Cynthia Russell Henley
    2 lawyer answers

    He cannot move out without his parents permission unless he is emancipated (the courts say he is no longer a minor). He would need to prove he can support himself on his own, food, board, rent, everything... and it costs money, so it is probably easier just to wait until he hits 18.

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  6. I have an ex husband who feels he is above our custody decree that is in place. He often takes our children on my time.

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Hubert Ray Steinmann
    3. Beth Ann Lewandowski
    3 lawyer answers

    Stick to the orders, call the cops if it is really getting to you... does he have grounds to claim that the Court will take your children away? As for attorney's fees, if he presses in bad faith and to harass you, the Court might award attorney's fees to you.

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  7. This is a venue question in a divorce case.

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Michael Shea O'Connor
    3. John-Paul LaPre
    3 lawyer answers

    You can file a breach of contract claim (which it sounds like this is) anywhere that is appropriate... and TX has some broad rules. You can certainly file in the County where the decree was entered. If she is to pay you at your new residence, you can file in that county. Don't worry about the Judge - simply file the new case (breach of contract). There are also other things you can do if you already have the judgment, like post-judgment depositions, execution (sending the sheriff out to...

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  8. If a couple are in divorce proceedings, can the husband change the wife as beneficiary on any of his life insurance policies.

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Thomas James Daley
    3. Charles Emmerich Hardy
    3 lawyer answers

    That depends on if there are orders in place to prevent it. The bexar county website does not seem to provide any, but check by calling the court. If there are standing orders, that means certain behavior is not allowed and normally one of those listed is changing beneficiaries on policies like life insurance. If there are no orders in place to prevent him from changing beneficiaries, then yes, he can. You can petition the court to put those orders in place, but it may not be worth your...

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  9. My common law husband has ask me to leave his house. Can he do this? We have been together for over 5 years. I know consult some

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Thomas James Daley
    2 lawyer answers

    Texas uses a three prong test to determine if there is a common law marriage. You must show (1) an agreement to be married, (2) cohabitation in this state, and (3) 'holding out' to others that you are married. This isn't an easy test to meet, since if either of you have told others you are not 'married' at almost any time, the Court would have good grounds to simply deny a common law marriage. Texas also recognizes a specific document you both would have signed, described in the Tex. Fam....

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  10. Can I take full legal rights of my non biological child?

    Answered about 1 year ago.

    1. Christopher Jay Harding
    2. Terence Michael Davis
    3. Mark Allen Land
    3 lawyer answers

    You need to sit down with a lawyer. You first have to terminate one of the parents' relationships to the child if you want to adopt the child. Otherwise you could only shoot for conservatorship, and that may be a long shot. You might be able to terminate on the abuse ground, if mother was abusing the children, or abusing substances, but affairs is not going to do it unless the men are dangerous to the children. Sounds like you may get custody of the biological child and the other child may...

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