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Christopher Jay Harding

Christopher Harding’s Answers

1,153 total


  • Can a felon be around my son without his dad trying to take him away?

    I met a guy at church who I think I love. I have a son who is almost 5yrs old. I have full custody, his dad sees him on the weekends. The guy I met has a bad past, used to sell drugs and stuff when he was younger which makes him a felon. He is a ...

    Christopher’s Answer

    Dad can almost always try to modify the order and either change the possession schedule, get an injunction in place to keep this guy from being around your son, or change custody. The requirement for the law suit to be filed is simply that there is a 'material change in circumstance' of 'one of the parties affected by the order.' This is not clearly defined and actually a low threshold to meet.

    Seeing this new man is a risk only you can decide to take or not. Understand that whoever you meet will likely spur Dad to file litigation if he is a jealous person, no matter that new person's past. Good luck to you.

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  • Would I have a good standing in court?

    I have unfortunalty not seen my daughter in a little over a year due to my ex. We were never married, have a 6 year old daughter. We have an order set up where I pay child support and I am supposed to get my daughter every other weekend. Long s...

    Christopher’s Answer

    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 discuss the entire case with them, not just your ex's situation. You seem to have a very good start, but only by discussing it in detail with a lawyer knowledgeable in family law are you going to get a better idea of how you should proceed.

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  • Legal Advice on " no cohabitation for 10 years, didn't even live in same continent - how to get the fastest way to divorce? "

    she does not want to divorce even after 10 years NOT seeing, not talking , nothing for 10 years which was soon after the marriage!. how can I convince her to uncontested or something would get out of this marriage without a day in court? Do I have...

    Christopher’s Answer

    You may not be able to, but you have the right idea. File, serve her, and assert she's abandoned the marriage. You might actually get 1/2 of the assets accumulated during the time apart, which is great leverage. If you cannot find her, you can serve her by publication. If she fails to respond to the law suit, you can default her and at least obtain the divorce you are wanting.

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  • How do I go about getting the joint custody court order modified and moved from FL to Texas where I can have sole custody?

    I have a son who lives in FL and I reside in Texas. My aunt and a relative on his mothers side of the family have joint custody of him because I was not in the state at the time when his mother was locked up. I am in FL temporarily and need to see...

    Christopher’s Answer

    The best way to start this conversation is to have a copy of the prior orders. Then get a copy of those orders to an attorney. Set up a telephone conference for a time when the attorney has had a chance to review those orders and determine a proposed course of action. There are simply to many unanswered questions here to proceed with an answer, but if you can provide additional information, specifically to the questions Mr. Holmes proposed, we would have a much better starting point.

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  • What type of attorney do I need to file an appeal ? Do I have to make payments , too high?

    I hired an attorney to represent me a divorce and custody case that was contested at first, my wife and I agreed to do uncontested and just split everything. Attorney didn't want me to agree to it she wanted for me to fight, I didn't see the poin...

    Christopher’s Answer

    Any attorney licensed to practice law in Texas and that is competent to file/argue and appeal can help you. With this particular case, you may want to put up a bond or put those monies into the Court's registry to show your good faith and not incur additional penalties. Then, once the appeals process is done, the Court would release those funds to the party it belongs to. You have a limited time to appeal the decision, so you need to hire an attorney or begin the process immediately.

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  • How do I obtain a divorce from my wife that lives in a different state? Supposedly she has a child with another man.

    My wife and I have not been together since 2009 and we live in different states. She has supposedly had a child by the guy she cheated on me with and I have been trying to figure out how I go about getting the divorce. I live in Dallas and she li...

    Christopher’s Answer

    As long as you have been in Texas six months and a resident of Dallas for the past 90 days, you can file here. We would need to serve her in Arizona, or, after proving to the court that you have tried and attempted every way possible to get her served, the court might allow service by publication in a local AZ newspaper. Once you get her served, depending on if she wants to fight it, we would probably default her here in Texas, so you could be filed to finished in 60 days.

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  • How does the courts look at Grandparents adopting their grandchild?

    My grandchild is 16 months old. CPS gave us temporary custody of our grandchild and has been in our care for 14 of the 16 months she has been alive. My son has moved away and the mother has only seen her child twice in the last 7 months. Once o...

    Christopher’s Answer

    Mr. Eaker is correct in that you would merely be formalizing the current situation. You need to make sure that it is done properly, and you probably want to go ahead and adopt the child. You could just change the conservatorship roles and insert yourselves as managing conservators, but one or the other needs to be done soon while everyone is still in agreement.

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  • Is it justified to refuse a court ordered visitstion to a father who has only had one single visitation in an entire year?

    I divorced last February. Ex voluntarily gave me sole custody and most of the rights to our child, and did not exercise a single visitstion for the entire year of 2011. He called 2 weeks before my wedding and said he is starting his visitation now...

    Christopher’s Answer

    No quick answer here.

    He is entitled to visitation, however it would be as outlined in your agreed orders. Most of the time it says exchanges occur at 6 PM. If he came at 10, he missed it and you did the nice (and proper) thing by letting him see the child the next morning.

    You probably need to file a motion to modify and get step-up visitation ordered. He IS going to be able to see his daughter and for whatever reason, he is just now wanting to step up.

    This answer is limited to the facts presented. Other facts may change this answer once known.

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  • Visitation

    So I have an out-of-state visitation order, The mother of my child and I are now residents of Texas She has been here with my son over a year and I moved in march. We still live 5hrs away. But now since Moving I'm getting denied visitation. I been...

    Christopher’s 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 state (and therefore difficult to verify) documents to enforce child support or visitation rights. This applies to US States as well as foreign states.

    Legal Aid of NorthWest Texas is an option, possibly, for you. Give them a call. Unfortunately, many of these types of groups are simply overwhelmed with the number of people trying to use their services, and can take a while to respond. Good luck.

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  • Texas Family Code transfer of jurisdiction

    I adopted a child in one county after her mother died. I remarried and was married six years we separated and I filed for divorce pleading there was no child of the marriage in another county. My ex filed a counter claim falsely alleging that the ...

    Christopher’s Answer

    In addition to the prior answer, you need to bring up the fact (through pleadings and the request for temporary orders) that the child is not hers. Unless she has adopted or otherwise legally stepped into a conservatorship role, she gets no say over the child UNTIL the court determines she should. This would essentially be a trial within the trial. Really, it forces her to replead her claims and clean it up. This is something complicated and well worth sitting down with a lawyer and discussing.

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