Skip to main content
Christopher Jay Harding

Christopher Harding’s Answers

1,153 total


  • Can I get my 6000.00 back from spouse at time of divorce

    Spouse was given 6000.00 cash 120 days ago for what I now beleive to be false pretenses

    Christopher’s Answer

    There is simply not enough information here to answer - why would you give your spouse $6,000.00?

    See question 
  • Ex-husband received a positive test result... However he has presented script 2 days after saying the meds would show a positive

    We have a current order that if my ex-husband test positive to any drugs he will go back to supervised visitation...Well he did test positive for anphetamines 100%...However since the results have come back positive he has presented a script that ...

    Christopher’s Answer

    If there is not a concern regarding his current behavior or current drug use - you really have to weigh the realities of what may occur and if it is worth it. It probably is not worth the time, money or energy to attempt to force supervision.

    Technically and legally, you win if that is all the order states. He tested positive, he goes back to supervised visitation.

    In reality, if you try to force that issue, he is going to attempt to modify or clarify the decree, and, based on the limited facts you presented, win. It is okay for him to be on prescription medication and test positive for that drug at a level that makes sense with that prescription.

    Now, if you actually have a fear of drug use and have any proof of dangerous behavior, you need to protect your children. But based on the limited facts above, that does not seem to be the case.

    See question 
  • Looking for paralegale or lawyer to help pro se review of documents and advise. Need help can pay few hrs of time for review Tks

    In divorce since 4-25-11, including a family business both decades old. Buss opps out of the home, I was given both at first hearing. STBX is un-dignosed, high functioning BPD. 1st hearing I was told we would be 5 to 10 min in front of the judge....

    Christopher’s Answer

    You need an attorney well versed in family law and in corporate/business law. Many attorneys give a free initial consult.

    Estoppel is probably not a good route, but sit down with an attorney to discuss the case, the facts and come up with a decent strategy. It sounds like a mess. And you are not doing yourself any favors going it alone it appears.

    The other side of this is, at some point, it may be a situation where the best move is to just toss in the towel. Without seeing all the facts, it is difficult to know.

    See question 
  • How can I get temporary custody of my children? I just filed for divorce and my wife has my children.

    She is not allowing me to see my children. She has removed one of my kids from her school without my consent. She is not a fit mother, she abuses prescription medication and illegal drugs. How can I get temporary custody before the divorce is fina...

    Christopher’s Answer

    You must get orders in place regarding the kids. Right now, if there are no orders, neither party has a superior right to the children. That means either one of you could withhold the kids, pick the kids up from school, without real consequence. The temporary orders referenced in the other answers give the rules for exchanges and possession.

    If you truly believe the kids are in imminent danger, you need to file an ex-parte motion and get an ex-parte order. This is only good for 14 days, and you will have a follow-up hearing where the Judge will determine what will happen during the rest of the case. Child custody cases are not easy, and for the temporary orders hearing, you have a very limited amount of time to present the case. You really need to consult with an attorney before doing that, and having an attorney will make it much, much more likely to succeed.

    See question 
  • How much is it to file for divorce? Can I file without a lawyer?

    My income is very low. I have to children and I want to keep custody.

    Christopher’s Answer

    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 make sure it goes through. For example, you need to properly serve your spouse. These are things that you can ask about in the initial consultation. Many lawyers do this for free, or have websites that offer help. Good luck.

    See question 
  • If my daughter had a cps case and she was sentenced to prison and signed over her children to her cousin who live in Louisiana.

    4 years ago i was giving all 5 grandchildren i could not provide for them so my niece and her husband took 3 back to Louisiana before they left Texas their mother signed them over to my niece 1 yr before my daughter was released one of her childre...

    Christopher’s Answer

    If you don't have court orders in place, you need to file immediately get and a temporary orders hearing set. At the hearing, you can explain the situation to the Judge, who will most likely put orders in place to keep the kids situation 'as is' until an investigation is done.

    Call an attorney and set up a consultation. Most do free initial consults. You need to find someone that you trust to do a good job. This isn't an easy case since parents get a presumption to be the best person for the child. You can overcome it, but need to make sure it is done the first time.

    See question 
  • Do i need power of attorney

    i am going to court for child custody and the uncle and aunt are keeping the children from each other i have one and they have one ...i had both sisters but we are on temp order and they feel that don't have to let them visit ,,the alleged father...

    Christopher’s Answer

    You are going to have to make sure you have all the right filings in place to make sure you get anything you want. You don't plead it, you don't get it. So sit down with an attorney. There is no situation in a custody case where the parents, if not in full agreement, shouldn't have attorneys. It's just too complicated.

    See question 
  • What can I do? Since I live over 100 miles away, I purchased bus tickets over a month ago, for the kids to come with my sister.

    "If (non-custodial parent) elects to begin a period of possession at the time the child's school is regularly dismissed, (custodial parent) shall surrender the child to (non-custodial parent) at the beginning of each such period at the school in w...

    Christopher’s Answer

    For you to comply with the court order, you get two options to pick up the kids. (1) at the time school is dismissed, or (2) at 6:00 at custodial parent's home. Your designated adult picking up the kids at 7 pm is not one of the choices. If you cannot comply, you are not going to be able to do anything. If you can comply, and then the custodial parent does not turn over the children, you can file a motion for enforcement, and depending on the court, it is likely that the custodial parent will need to pay some of the attorneys fees. You will need to document the process if you are going to strictly comply with the order, you can still file, but it will be a waste of your time. The court may still order make up time, but it's going to be the same problem, another order you must strictly comply with before you are able to do anything. I hope this helps. I know it is a tough situation, but strict compliance is the only way to get court orders enforced.

    See question 
  • My child custody atty has abruptly stopped all communications w/me even though i've made numerous request 4 explanation why but

    no response also requesting answer about award property garnishment $$ that i should have begun recieving on/about november 10, 2012. what should i do? contact state bar assoc? i don't no if he still my atty & it's been about 3wks since we've spo...

    Christopher’s Answer

    The total stop of communication is strange. It sounds like your attorney chose to withdraw for some reason, but you should have seen a motion and order allowing him to withdraw as your attorney. Before contacting the state bar, I would go to your attorney's office, sit down, and see if you can't have one more conversation with him. Perhaps something happened out of his control, like he was in a car accident - stranger things have happened.

    If that doesn't work, you need to find a new attorney.

    See question 
  • How do i get childsupport droped now that my son is staying with me?

    his mother has moved too another city and she left him with me, i have enrolled him in a school close too my house i have called the office wher my case was filed and tryed too have it documented but she is still reciveing goverment ass. so what d...

    Christopher’s Answer

    You will need to file a motion to modify, which will take care of the child support and visitation issue. Right now, you likely have limited visitation, not the full possession that you need to avoid enforcement/contempt issues. File a motion to modify both the child support and the conservatorship/possession and access to take care of it all at once. You will need to serve the mother somehow as well, and to get relief more quickly, set it for a temporary orders hearing.

    To make sure you do this right, hire a lawyer. If it is not contested by Mother, this is a very easy situation.

    See question