Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. My wife does not want to sign devorce papers till we have been married for 20years so she can recieve full medical military

    Answered over 3 years ago.

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

    You can force the divorce.... but need to file now. Get an aggressive attorney who will set dates quickly. Remember that the Court has to have open dates, and this will cost money to force through, but if you feel it is worth forcing, do it. I would suggest consulting an attorney before filing and making sure all your ducks are in a row. Have all of your inventory done, know where she will be to serve her, be ready to deal with her being nasty and hiring a lawyer herself to try and slow...

    1 lawyer agreed with this answer

  2. I have a history of bi-polar disorder, (mental illness) and domestic violence-- can my chances of having joint custody be made?

    Answered over 3 years ago.

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

    Going without an attorney, I'd say slim to none. You need an advocate to reverse the damage already done and put him in the lime light, not your past behavior. If you seriously want the child, you need to hire an attorney to make sure your chances are the best possible. You are in a tough spot and need to dig yourself out. Good luck. Disclaimer: This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney...

    1 lawyer agreed with this answer

  3. Does the non ustodial parent have the right to take the child to others on his weekends so he can work?

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Barbara Lynch Schnack
    2 lawyer answers

    He probably has the right to designate someone to take care of the child, but the court would likely grant a right of first refusal if you properly requested it through a modification. I would have to look at the paperwork to be sure. The right of first refusal is typically done so that if the parent will not be with the child for 2 hours or more, the other parent has the right to the child at that time before anyone else. Disclaimer: This answer is intended for educational and...

    1 lawyer agreed with this answer

  4. How difficult is it to prove PAS?

    Answered over 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    It is very hard to do because you have to prove that he is actually telling the kids these things with the intent of alienating you. If you mean he is going to claim it, he has to prove you took actions to alienate him. Courts tend to be very suspicious of these charges. If it comes up, you still should consult an attorney because when one succeeds, your visitation could be severely hampered. Disclaimer: This answer is intended for informational or educational purposes only and should...

    2 people marked this answer as helpful

  5. What are my odds of being granted sole custody in these circumstances?

    Answered over 3 years ago.

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

    Not very high... joint managing conservatorship is presumed to be in the best interest of the child. Without proof of abandonment (extended periods like 6 months of no support or visitation) or domestic violence, you will likely end up with joint managing conservatorship... Tx doesn't really use the term 'sole custody' so I assume you mean sole managing conservator. If he takes the stand and confirms everything above, you might very well get most of the rights outlined in the Texas...

    2 people marked this answer as helpful

  6. If you have been divorced for three months can the ex-husband come back and take the property away from you?

    Answered over 3 years ago.

    1. Curtis W. Harrison II
    2. Cynthia Russell Henley
    3. Christopher Jay Harding
    3 lawyer answers

    The home? That really is going to depend on the language of the divorce decree and what paperwork was involved. Sometimes one party is awarded the house and signs a "Deed of Trust" which states they pay the mortgage and if they fail to, the other spouse (who was probably also on the mortgage) can foreclose on the home... Try reposting or sitting down with a family law attorney in your area. Many give free initial consultations and the possibility of losing your home is well worth an hour...

    1 lawyer agreed with this answer

  7. My 14yr old daughter wants to live with me,she went to see her mom,we are seperated.

    Answered over 3 years ago.

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

    Mr. Daley gives an excellent answer. You might also consider filing the motion to modify based on her living with a sex offender. Disclaimer: This answer is intended for educational or informational purposes only and should not be construed as legal advice or creating an attorney-client relationship. Please speak to a lawyer licensed in your state for legal advice.

    2 people marked this answer as helpful

  8. Can I put my ex spouse on my insurance (life) policy .

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Christopher William Peterson
    3. Bryant Keith Martin
    3 lawyer answers

    The answer will depend on the language of the life insurance policy. Most life insurance contracts allow to put down a beneficiary and it doesn't matter if it is a spouse or some other person. Make sure to read the contract carefully and ask your insurance agent.

    1 lawyer agreed with this answer

  9. Collecting Confirmed Child Support Arrearage

    Answered over 3 years ago.

    1. Christopher Jay Harding
    1 lawyer answer

    If you have an order, you probably have a judgment. You can take that to a civil litigation or debt collection attorney who will pursue the claim, typically on a contingency fee basis. Typical steps are to confirm the judgment, record an abstract of judgment, have a writ of execution issued, and perhaps even garnish his bank accounts. You can even use post judgment depositions to ask him questions and try to find out where his assets are. You can have the sheriff sell his belongings (...

    1 lawyer agreed with this answer

  10. What can I do to receive unpaid wages as an independent contractor vs. employee of a business

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Andrea Sheinbein
    2 lawyer answers

    You have a couple of options, which depend on the contract, if any, between you and the business. You should take that contract to an attorney who can fully spell out your options under the contract. If there is no contract or that contract can be worked around, again, see an attorney, you could sue on quantum meruit, which means for the value of work provided, or promissory estoppel - the fact the business promised to pay you for services, you completed a portion of those services relying on...

    2 people marked this answer as helpful