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Todd A. Durden

Todd Durden’s Answers

14 total

  • My son's father is suing me from custody of my disabled son. What can I do to stop him?

    My son's father has an extensive criminal record of violent acts. He don't have a house of his own or even a job. He filed for legal aid, and got approved and I can not afford a lawyer of my own

    Todd’s Answer

    1) Prepare, file and serve the proper pleadings (if you have been served with citation/process, your failure to timely answer in the form required by law could result in a default - that is, he wins without you having a chance to appear in Court)
    2) Gather evidence in admissible form (court records, like criminal convictions, must be certified copies)
    3) Plan the preparation of your case (witness list, summaries of testimony)
    4) Draft proposed orders
    5) Set and conduct the hearing

    Grand Prairie is located partly in Dallas County, partly in Tarrant County. I suggest you contact a lawyer, and be sure he or she practices in your county. Even if you can't afford a lawyer to handle the entire case, a one or tow hour consultation should be very helpful to you.

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  • How Can I Get Custody Of My Daughter?

    I live in Mexico (because I was deported), she lives in Dallas, Tx. Her mother (soon ex wife, i plan to divorce her) is not taking care of her, shes out "living life". She gave custody to her sister for 10 years, I want to know how I can fight fo...

    Todd’s Answer

    The first question a judge usually asks in an international child custody case is whether the other contry is a signatory to the Hague Convention on Child Abduction. If so, the Court is more receptive to requests for the child to be sent there. Mexico was one of the earlier signers, and has recognized the Hague Convention for over 20 years.

    Because you are from Mexico, I assume your extended family members are also from Mexico, and some may speak Spanish only. Extended family members are important witnesses. You should consider an attorney who is bilingual.

    A meaningful response to your question would probably require a consultation of two hours, and would cover custody-related issues of support, possession schedule, and parental rights. I suggest you contact an attorney.

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  • What are my options in regards to how to go about handling a situation with my ex and how she has a kid that looks asian?

    My ex became pregnant towards the end of my relationship with her, but she was also sleeping with another guy. my ex is half white half Mexican, and her boyfriend is half white half Colombian, but i am 100% Asian. the baby was born December 5th, 2...

    Todd’s Answer

    Simply put, yes, you need to go to Court and demand a DNA test, and you have the right ot do so if you act promptly. Legally it is the right thing to do, but also practically. You will be haunted by your decision if you decide not to find out. The best interest of the child requires the issue of paternity be settled. Besides, what if your ex breaks up with her new boyfriend in two or three years? Let's assume the baby is your child. Can you imagine how confusing it will be for the child when the ex sues her present boyfriend for child support (and he is not liable becuase he is not the biological dad), and then sues you? She would of course seek retroactive child support back to the chld's birth, but the child will think someone else is that father. This is a situation that you need to address promptly, and the good news is that it is not overly expensive to seek the relief you need.

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  • How can I keep a pedophile away from my daughter?

    my step-daughters assumed bio dad was given a forced dna test to establish paternity. her mom and i are in fear that if he is awarded visitation even supervised that he will try and do something to her. he has been following us around and our dau...

    Todd’s Answer

    Under Texas law, a trespass cannot be charged unless the actor has legal notice, which is why the police told you to provide the actor with the same. A criminal trespass would then be an infraction after imposition of probation, which would constitute a violation of probation and would probably result in the issuance of an arrest warrant.

    Your question raises many questions which would affect the legal advice I would give in your situation. I suggest you contact a local attorney with experience in both family and criminal law, and please feel free to call my office.

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  • When I was custodial parent of our three children my ex - husband did not pay the percentage of child support he should have

    Now he is custodial parent of one of our children and he is getting a lot more from me than he ever paid for three children and I am making a lot less than he made. My lawyers keep telling me that I can not bring this information up before the ...

    Todd’s Answer

    You are doing the right and intelligent thing in seeking a second opinion. People do so for medical advice all the time, and it is a good idea for legal advice as well. On occasion, I have asked a client to seek a second opinion if it would help them to have confidence in my advice.

    Although your question is narrow, my experience tells me that there may be more questions that you have, that you would like to discuss with another attorney. Most attorneys offer an introductory / one time consultation fee. This may be helpful to you. I would recommend you seek a one-time consultation. You only go through the lawsuit once, and once it's over, it's a closed book. You want to be sure all your rights are being asserted.

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  • My daughter is 13 and lives with me full time. I am the Dad.. I know rare. Ok so the story first, then the question.

    My daughter is 13 and lives with me full time. I am the Dad.. I know rare. Ok so the story first, then the question. My Ex and I have joint custody but my daughter chose to live with me. She is suppose to do the normal visitation, first, third,...

    Todd’s Answer

    You have just gotten started with what you have to say, and what your lawyer needs to hear. I suggest you call an attorney.

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  • Mom is sole managing conservator of my child. Is she required to bring me my child if she moves more than 100 miles?

    texas standard court order. She is moving due to her boyfriends job. Is there a way to stop her from moving out of the county that the court order was established?

    Todd’s Answer

    You've asked two questions. The first can be answered by a close examination of your final order. The second will require a consultation with an attorney, addressing the specific language of the order, the present facts and circumstances, and the applicable law.

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  • My Ex-Husband is not exercising his visitation schedule. Can the child support be increased because of this in Texas?

    He can only see him maybe once a month due to his career as a long haul truck driver. Can the child support be changed due to me incurring all the expenses for my child on the weekends/summers he is suppose to have him? He wants to see his son b...

    Todd’s Answer

    1) Yes (generally and most probably, although there could be facts present to negate this answer).
    2) File suit.
    3) Both.

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  • I have had my grandson since he was born 01/29/03 my daughter signed a notarized form can she take him from me

    my grandson has been with me since birth i have had him on my health insurance from my jobs i have had 3 jobs all with medical insurance which he has had also his school his residence has always been with me and now since she is in a stable relati...

    Todd’s Answer

    First of all, it is obvious that you are committed to your grandson, and have assured him of a stable home. He is 9 years old now - half way to 18 - and you have been primarily responsible for raising him. He is lucky to have you in his life.
    The danger you are in at this time is that, under the law, a parent has a superior right of possession to a grandparent. Without any orders in place, the mother could take the child from school and disappear with him. I would hope the mother would understand how harmful that would be to the child's emotional needs, but legally, it could happen.
    The good news is that the parental presumption no longer applies after the child has been in your actual care custody and control for six months. Therefore, your chance of procuring a ruling in your favor is very good, based on the information presented.
    I suggest you contact an attorney for a one hour consultation.

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  • My dad in Tx, leaves his house to my sis and I in his will. If he weds will she have any claim? She will not be in will.

    My father made a will several years ago leaving his house to my sister and I. He is about to marry a much younger woman. He says he is not changing the will. After he is gone, will she have any claim on the house? I have heard Texas is a communit...

    Todd’s Answer

    The answer is complicated. Assuming the house is separate property (and if he owned it prior to marriage, it is), generally speaking, he can leave it to whomever we wishes upon his death. However, if your father and his new wife occupy the house as their homestead, and if she survives him, then she would have the right to occupy the house for the remainder of her lifetime as her homestead. This survivorship homestead right can be waived in a prenuptial agreement. Williams v Williams, 569 S.W.2d 867, 870 (Tex. 1978). Thus, the best way to address this issue is through a pre-nuptial agreement.

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