Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. Suspect wife is seeing someone.

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Kimberly Nicole Shanklin
    2 lawyer answers

    You can always hire a PI. However, it is cheaper to find out through the discovery process of the court if you are pro se. You can request her to answer questions, request her to admit or deny certain things, even request her credit card statements, bank statements, facebook account stuff, and cell phone detailed billing with call log... You can even hire an attorney to draft just the discovery requests if you cannot afford to hire an attorney. Of course, if you have an attorney, you are...

    1 person marked this answer as helpful

  2. Texas child support was ordered $200 month. the court said in 6 months I would have to pay more because they assumed I would

    Answered about 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    If the case is still open, I'm assuming that there will be a new hearing and evidence will need to be presented regarding income. If the case is closed, that is an usual order... especially if the amount is already built in. You are going to need to challenge the order if you really want to fight it, which means filing a motion to reconsider or for new trial. You could appeal the ruling as well. The three years can be shortened if child support would be more or less by $100.00 as well....

    1 person marked this answer as helpful

  3. Is it normal for a lawyer to not return phone calls and e-mails? How long should a will contest or family settlement take?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Joseph Jonathan Brophy
    2 lawyer answers

    You should repost this in will/trusts. You also raise some issues that may justify going to the Texas bar, but should speak with a lawyer specializing in legal malpractice. I'm sorry you are going through this. Probably the first step is to simply go to the lawyer's office and sit there until you can speak with your lawyer. Perhaps he has some reasons for you. Good luck.

    1 person marked this answer as helpful

  4. If you use a court server to serve devorce papers because of a no show is it likely they can retrial claiming they never got it

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Michael David Wysocki
    2 lawyer answers

    Depends... if the person was personally served, the Court isn't going to let them off easily on that basis. But there are a lot of jurisdictional hoops that must be jumped through to make sure everything went properly. You should take the papers and case to a lawyer and speak with them about the situation. Once an attorney views the papers and the court's register of actions, you will have a better answer.

    1 person marked this answer as helpful

  5. I have a nephew that i have basicially raise since birth his 5 years old now. Me and my sister had an argument and now she does

    Answered about 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    Unfortunately, probably not. Unless you actually raised the child without the child's mother's involvement, the Court is going to side with mom, and parent's can chose who there child sees. This commonly occurs in grandparent/grandchild scenarios. You may want to try and speak with her, explain how you feel and why you want to be a part of the child's life. See if that works. Then you could send a more formal letter requesting time. Finally, you could file suit... this seems one way to...

    1 person marked this answer as helpful

  6. Do I have a chance on winning?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    This is a repeated question, but the short answer is you really need to hire an attorney, or at least speak with one at length regarding this case. Good luck.

    1 person marked this answer as helpful

  7. Do I have a chance on winning?

    Answered about 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    That doesn't seem standard, and courts are to presume that the standard visitation outlined in the Texas Family Code is proper. Without testimony and other evidence to the contrary, the Court should give you overnights depending on the situation. It really seems like you need to at least discuss this with an attorney, even if you simply pay for the consultation over the phone and take an hour for direction... better yet would be to hire an attorney. I realize it is expensive, but this will...

    1 person marked this answer as helpful

  8. Can a non-custodial parent choose to exercise his rights whenever he wants and keep the kids for longer than he is supposed to?

    Answered about 3 years ago.

    1. Lisa Elizabeth Sharp
    2. Christopher Jay Harding
    2 lawyer answers

    Mom needs to file a Motion for Enforcement and Contempt and possibly for modification of the prior visitation order. The enforcement and contempt can fine him for the past violations while the modification can put additional restrictions on him, including no visitation without proper notice given 48 hours in advance. Once she has orders in place, she won't get in trouble for not turning over the kids if he fails to provide proper notice he intends to pick them up.

    1 person marked this answer as helpful

  9. In the state of Texas, what is the legal age to move out of your parents' house, without their consent??

    Answered about 3 years ago.

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

    18. Unless you can prove to a court you should be granted emancipation (freedom) earlier by proving you hold a job and can pay all bills including rent, food, gas, etc. If the cops are involved, you are going to have to follow your parents' direction, and depending on the actions taken by the people you are living with, they could also get in trouble.

    1 person marked this answer as helpful

  10. If opposing party asks for all of my financial info, can I request the same

    Answered about 3 years ago.

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

    Yes... the normal timeframe is going back two years prior the filing for divorce, but you can ask for the entire length of the marriage. You likely won't get it for a long marriage, and the opposing party will simply object to documents more than two years old.

    1 person marked this answer as helpful