Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. What rights do I have to see "my children" once I divorce if my husband takes them away?

    Answered over 1 year ago.

    1. Christopher Jay Harding
    2. Theresa Cay Langford
    2 lawyer answers

    You may have a hard time adopting the children since both parents are still living and neither has terminated their rights to the children. In addition, you would need to serve the mother somehow to have her involved in the process, and with birth mother being in Kenya, that is a problem. Another interesting facet is that to even apply for conservatorship (not quite being a parent, but many of the same rights and duties) you will need to serve bio mother. The divorce itself should...

    2 lawyers agreed with this answer

  2. I filed for divorce, my husband filed a waiver of service. Do I still need him to read and sign the divorce decree?

    Answered over 1 year ago.

    1. Christopher Jay Harding
    2. Jacqueline R. Kriebel
    3. Terresha Deneen Wile Stevens
    4. Mark Anthony Cohan
    5. Karen M. Billingham
    6. ···
    6 lawyer answers

    The answer depends on the language in the waiver. You really need to take the waiver to a lawyer, who can read it very closely and make sure that no further notice would be required. If that is the case, then you no longer need his signature. In Dallas, each court differs on it's policies for entering a final decree, so you need to call the specific court and ask about their policy for the "prove-up hearing," just a quick hearing to finalize your divorce. If the language does not clearly...

    2 lawyers agreed with this answer

  3. How much is it to file for divorce? Can I file without a lawyer?

    Answered over 1 year ago.

    1. William Tyler Moore Jr
    2. Christopher Jay Harding
    3. Wendy Anne Wood
    3 lawyer answers

    You can file for divorce without a lawyer, but you should at least consult with one first to make sure that is what you want to do. If you decide to file by yourself, you will need to go to the clerk's office and law library (same building) to pick up the right forms. You need (1) an Original Petition for Divorce, (2) Affidavit of Indigency, (3) Standing Orders (to attached to Petition), and (4) Civil Cover Information Sheet. There are specific requirements to get the case started and...

    2 lawyers agreed with this answer

  4. Would I have a good standing in court?

    Answered almost 2 years ago.

    1. Robert E. Holmes Jr.
    2. Mark Anthony Cohan
    3. Christopher Jay Harding
    3 lawyer answers

    I think you need to know what it is you want. If you simply want to punish your ex or make her comply with the child possession schedule, depending on the language in your prior order, you probably have good standing to enforce on it. This would make her face additional jail time, possible attorney's fees and fines. Whether you actually saw any payment would be a different story. If you are looking to be the primary caregiver of your daughter, you need to sit down with an attorney and...

    2 lawyers agreed with this answer

  5. In the state of TX can a father (the non-costodial parent) patition for his own rights to be terminated?

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Thomas James Daley
    3. Cortney Harrison Bethmann
    3 lawyer answers

    The short answer to the question is yes - a parent can petition the court to terminate his or her parent-child relationship. Normally, however, the Courts do not favor such action. (Texas Family Code 161.005 and note after in Sampson and Tindall) Perhaps another route is to file for the adoption and have the non-custodial parent sign a Consent of Adoption form. (Information found in Tex. Fam. Code 162.010) In either case, you should consult an attorney to make sure you cover all your...

    1 lawyer agreed with this answer

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  6. How do I get a continuance after attorney withdraw in family court Dallas county?

    Answered 12 months ago.

    1. Maria Tsao Tu
    2. Christopher Jay Harding
    3. Mark Evan Braswell
    3 lawyer answers

    I agree - ask your lawyer to include a request for the continuance while you find new counsel. Depending on what sort of agreement you had, and how it was done, your husband (and you) may or may not be entitled to get a final order on the agreement. Talk about this with your lawyer. Of course, if you no longer want the agreed terms as well, then just proceed with your case.

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  7. My daughter is 15.grandmother just recently passed and has custody of her. she now lives with me how can i gained custody back

    Answered almost 2 years ago.

    1. Mark Anthony Cohan
    2. Christopher Jay Harding
    3. Andrew Paul Turner
    3 lawyer answers

    That all depends on what the final order was and the facts of your case. You really need to sit down with an attorney, many give free initial consults. That way you can determine if you even have standing to file.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. My daughter bought her house before she married, and has paid all the mortgage payments. She is filing for divorce.

    Answered almost 3 years ago.

    1. M Elizabeth Foley
    2. Christopher Jay Harding
    2 lawyer answers

    She can certainly ask to have him moved out. Understand that while the house is hers, mortgage payments made during the marriage are likely paid with income generated during the marriage, or community funds. Her husband could get half of those payments back, but not the home. However, if he used and benefited from the payments by living in the house, most courts are not going to make her pay it back as it is comparable to renting the space. She should still hire a lawyer, if just to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Would child support start coming out of my checks if my husband is not paying his child support?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. M Elizabeth Foley
    2 lawyer answers

    No. That is his obligation, not yours.

    1 lawyer agreed with this answer

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  10. Seeking legal separation from AF military spouse rank E5. We are trying to work on the marriage; we just need some time apart.

    Answered about 3 years ago.

    1. Edgardo Rafael Baez
    2. Christopher Jay Harding
    3. Christopher Kenny
    3 lawyer answers

    Texas does not recognize legal separation. JAG may know of an option that allows him to travel if that is what he wants, or he could talk with his commanding officer about the coding issue.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful