Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. Mortion to Modify Parent Child Relationship. WHAT DO I DO???

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Mary Katherine Brown
    2 lawyer answers

    You still have some time, but should go ahead and hire a lawyer. The child support meeting is non-binding, and it certainly seems like an opportune time for daddy to try and change things up to avoid child support. Having a lawyer will help make this clear and give you the best chance in the courtroom. Remember, you have an answer day you MUST file an answer by, and should hire an attorney well before that answer day so that they have time to file an answer and preferably some sort of...

    1 lawyer agreed with this answer

  2. Does my wife have the right to stay in the home i purchesed prior to our marraige

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. M Elizabeth Foley
    3. Christopher Jay Harding
    3 lawyer answers

    Actually, you own the home as your separate property and can tell her to move out. Of course, you may have trouble convincing the cops to help you out if she refuses. The easy way to do this is file for divorce and request temporary orders getting her out of the house immediately. That way everything begins to be crystal clear. It is your house, the marriage is failing, she needs to get out.

    1 lawyer agreed with this answer

  3. I've read that the Texas alimony laws are changing as of 9/1/11. If you file the original petition before 9/1/11, but the final

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Robert Sterling Guest
    2 lawyer answers

    Old law unless the language of the statute indicates otherwise. Here it won't apply. You could dismiss the case (if your spouse will to) and refile, if that helps you. You really should use an attorney if you are going after alimony in a contested situation.

    1 lawyer agreed with this answer

  4. Can the paternal grandparents stop me from moving out of state?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Duane L. Coker
    2 lawyer answers

    Not unless it was in a court order. They might have grounds to file a custody suit, and if they did the Dallas County Standing orders would prevent you from moving out of state once you were served. Until then, do as you wish. Understand that these are the grandparents of your child, and he would probably be better off if you can keep them in his life somehow...

    1 lawyer agreed with this answer

  5. I'm bein sued by my kids paternalgrandparent for theit custody. Can they get the custody?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    This sounds like you have a lot going on. In Texas, grandparents do have certain options, but parents tend to have superior rights. However, grandparents CAN get custody based on specific facts. You should immediately contact a lawyer and get representation since child custody situations are complex and you need to make sure to put your best foot forward immediately. Explain the whole situation to your lawyer. It may be that you simply can talk with the grandparents and come to a...

    1 lawyer agreed with this answer

  6. I want my fiance to be obligated to pay me alimony if a divorce takes place for any reason.

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Brian Scott Piper
    2 lawyer answers

    Yes - it is called a prenuptial agreement. Hire an attorney to help draft the document and make sure it comports with Texas law and will be enforceable upon divorce. Some can do this for flat fees depending on the situation and what the end purpose of the document will be. The courts WILL NOT necessarily give court-ordered spousal maintenance in Texas. In fact, while the laws changed recently regarding the caps on these amounts and what is required to get it, Texas historically disfavors...

    1 lawyer agreed with this answer

  7. Can the parent receive custody if they have a protection order against them

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    Probably not... a court would be very, very hesitant to do that, even though there was not violence done to the children.

    2 people marked this answer as helpful

  8. A District Court Judge ruled to reduce child support I receive, 750.00-450.00 How long do I have to file an appeal?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    You can file a motion for new trial within 30 days of the order being signed. You can file an appeal within 30 days of the order and up to 90 under certain circumstances. The appeals process is very technical and one misstep means that your appeal fails. You should not attempt that without an attorney. Either way, you should consult with a new attorney. You can also go to your attorney's office to speak with him, which may be necessary as you will need your file to proceed.

    1 lawyer agreed with this answer

  9. My brother is seeking help with a no-contest divorce. Would prefer a Christian attorney however, economics are also a key issue

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Angelina Maria Monte Zinn
    2 lawyer answers

    Wow... there are divorce "shops" that do it for $500 in most big cities. Understand that they can be difficult to get a hold of and work with. Also, you could hire an attorney to prepare the paperwork for you for a flat fee and you pay the filing fees and present the final order to the court. The entire process can take as little as 60 days. That is the minimum under Texas law. Please feel free to contact me for more details.

    1 lawyer agreed with this answer

  10. What are my rights as noncustodial parent?

    Answered about 3 years ago.

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

    Do you mean you want to change the custody order? Your rights are going to depend on the orders in place. If there are no orders, you should file a law suit to get such orders in place, and show the abuse to make sure to get primary custody. If orders are already in place, you would be filing a motion to modify and base it on drug abuse and placing the child in dangerous situations. Either way you should consult with an attorney and probably hire one. Good luck to you and your child.

    1 lawyer agreed with this answer