Robert E. Holmes Jr.’s Answers

Robert E. Holmes Jr.

Dallas Child Custody Lawyer.

Contributor Level 6
  1. Would I have a good standing in court?

    Answered about 2 years ago.

    1. Robert E. Holmes Jr.
    2. Mark Anthony Cohan
    3. Christopher Jay Harding
    3 lawyer answers

    Assuming you have a well-drafted order, you could enforce it by filing a motion for contempt. You do have the right to designate a competent adult to handle exchanges on your behalf. Of course if your ex is going to prison you could seek primary custody of your daughter also. Now it's up to you to do something about it....

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. William Tyler Moore Jr
    2. Christopher Jay Harding
    3. Robert E. Holmes Jr.
    3 lawyer answers

    I agree with most of what others have said....you don't need to convince her of anything, just file, serve her and thereby put the pressure on her to respond to your lawsuit....Texas is a no-fault state so you can get a divorce whether she wants it or not....physical separation doesn't change the fact that everything acquired during your marriage through date of divorce is community property subject to a just and right division....your marriage is over, time for you to take action.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. Can I get my name changed with a 22 yr old felony?

    Answered over 2 years ago.

    1. Robert E. Holmes Jr.
    2. Holly A Schymik
    2 lawyer answers

    Yes, so long as your doing so not to avoid creditors or criminal prosecution.

    Selected as best answer

  4. My mother picked up my kids from school ,filed a restraining order on me . so i cannot contact her ,how do i get my babies back?

    Answered about 2 years ago.

    1. Robert E. Holmes Jr.
    2. Mark Anthony Cohan
    2 lawyer answers

    I think Mark's answer is basically correct and good advice. However I suspect the police will say it's a "civil matter" and not get deeply involved. But worth a try and it's free The habeas corpus is a legitimate remedy so long as you have the right to possession without a doubt. If successful it's very likely that the mother would have to pay your attorney's fees. However, it would be a slow way to rectify the injustice you believe has been perpetrated upon you. I'm thinking the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. If my 13yr old son runaway from his mother home n chicago area 2 my home n dallas tx can he stay many problems w/mother:

    Answered about 2 years ago.

    1. Mark Anthony Cohan
    2. Robert E. Holmes Jr.
    3. Christopher Jay Harding
    3 lawyer answers

    You may be able to ask the Dallas court to make immediate emergency orders if there's proof to substantiate what you've said. I'd need to see the last order in Dallas County to see what's happened thus far and if there's any reason you couldn't act immediately. If you'll give me the name of the mother and yours I can look it up online and give you a better assessment.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Robert E. Holmes Jr.
    2. Andrew Paul Turner
    3. Christopher Jay Harding
    3 lawyer answers

    Where was the prior custody order entered? Texas or Florida? How long has your son lived in Florida? Where is your son's mother now? Answer those questions and I can explain what can and cannot be done in this situation. -Robert Holmes

    1 lawyer agreed with this answer

  7. Is it typical for a psychologist in a psych eval to state and give standard visitation on a person with the below history

    Answered over 2 years ago.

    1. Robert E. Holmes Jr.
    2. David Moore Eaker
    3. Peggy Margaret Raddatz
    3 lawyer answers

    As you represented the situation in your inquiry, the conclusions of the social study and the psychological do sound out of line. Perhaps there's more to the story. But the judge and/or the jury is the ultimate decision-maker and the opinions of the social study person and the psychologist are not binding. We've had many judges ignore such recommendations and do something to the contrary that is in the best interest of the children.

    1 lawyer agreed with this answer

  8. I

    Answered over 2 years ago.

    1. Robert E. Holmes Jr.
    2. Lia E. Rardin
    2 lawyer answers

    You would be wise not to buy a house until your divorce is finalized. Buying a house while you're still married will make it community property and divisible by the court. So, in sum, get the cart before the horse: file for divorce, then buy your Texas house after the divorce is final.

    1 lawyer agreed with this answer

  9. How do I get lein off my house?

    Answered about 4 years ago.

    1. Robert E. Holmes Jr.
    1 lawyer answer

    The IRS is not bound by the terms of the divorce decree. If the lien is a result of tax liability during your marriage from a joint tax return, you remain jointly and severally liable. Your only recourse is to file suit against your ex-husband for violating the terms of your divorce decree to motivate him to get the taxes paid.

    1 person marked this answer as helpful

  10. Can I obtain a restraining order or do I file trespassing charges?

    Answered over 1 year ago.

    1. William Tyler Moore Jr
    2. Robert E. Holmes Jr.
    2 lawyer answers

    You can get a protective order based on prior family violence and the threat of it recurring in the future or you can file a parentage suit against him combined with a request for a temporary injunction that orders him not to enter your home

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