Christopher Jay Harding’s 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.

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.

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.

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...

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...

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....

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...

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...

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...

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...