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Robert E. Holmes
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Robert Holmes’s Answers

16 total


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

    Recently the father of my two kids entered my home and refused to leave after I would not give him the answer that he wanted. I had to contact the police before he would leave. We have a history of undocumented domestic violence and I do not wis...

    Robert’s Answer

    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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  • Is my ex-spouse slandering me by telling our teenage daughter that I have a mental disorder when I do not?

    My ex-spouse -- divorced 11 years -- has sole custody of our now teenage daughter, with whom I am only allowed supervised visitation. My limited and strained relationship with my daughter has become complicated because her father is telling her th...

    Robert’s Answer

    You could obtain an injunction against your ex-spouse and anyone else disparaging you, defaming you etc. When you reference "her father" I presume you mean her step-father.

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  • 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?

    the restraining order is not for my kids just her but they are with her.

    Robert’s Answer

    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 temporary restraining order does more than you think it does and would like to look at it. If you will identify yourself and the mother and the county this is happening, I can look at it online

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  • 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:

    10-15 visits from child services 15-20 police visits n mental hospital 2X 2011 he wants out badly but my problem my parental rights were suspended 2006 during divorce proceeding.

    Robert’s Answer

    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.

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  • Can I divorce my husband if he is in a foreign country?

    My husband is a German citizen, but we were married in the US(I am American) we have been apart for 3 years. How can I divorce him if I do not know where in Germany he is? He emailed me stating he wanted the divorce. Will that be sufficient as evi...

    Robert’s Answer

    Yes, it's possible to get this done with or without his agreement. First you could send him your new divorce petition, a waiver of citation and proposed divorce decree by email. If he signs, it will be easy to conclude. If he doesn't cooperate, you can serve him with the divorce decree by email through special permission from the Judge under Rule 106 of the Texas Rules of Civil Procedure. If you'd like us to get this process started, let me know. Thanks, Rob Holmes

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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...

    Robert’s Answer

    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....

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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...

    Robert’s Answer

    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.

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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...

    Robert’s Answer

    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

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

    psychologist states, "I am concerned that he has narcissistict personality, histrionic, anti-social and concerned about "his" domestic violence, criminal activity and drug use but I would recommend standard visitation. How can they suggest standa...

    Robert’s Answer

    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.

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

    I child accidently drowned in my home and I pled uncontested.

    Robert’s Answer

    • Selected as best answer

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

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