Todd A. Durden’s Answers

Todd A. Durden

Keller Family Law Attorney.

Contributor Level 6
  1. 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?

    Answered about 2 years ago.

    1. Barbara Lynch Schnack
    2. Lawrence Allen Weinreich
    3. Todd A. Durden
    4. Robert A. Stumpf
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Terresha Deneen Wile Stevens
    2. Kristina Bri Denapolis West
    3. Todd A. Durden
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Raymond Ellis Daniel
    2. William D. Pruett
    3. Gregory Lee Housewirth
    4. Todd A. Durden
    5. Barbara Lynch Schnack
    5 lawyer answers

    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.

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. William Tyler Moore Jr
    2. Todd A. Durden
    3. Michael John Harrington
    3 lawyer answers

    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...

  5. How Can I Get Custody Of My Daughter?

    Answered about 2 years ago.

    1. Todd A. Durden
    1 lawyer 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...

  6. How can I keep a pedophile away from my daughter?

    Answered about 2 years ago.

    1. Todd A. Durden
    2. Lewis Cooper Giles
    3. Michael J Corbin
    3 lawyer answers

    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...

  7. 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.

    Answered about 2 years ago.

    1. Lee Keller King
    2. Cherami Joann Blaney Jenkins
    3. Todd A. Durden
    3 lawyer answers

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

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

    Answered about 2 years ago.

    1. Terresha Deneen Wile Stevens
    2. Todd A. Durden
    3. Gregory Lee Housewirth
    3 lawyer answers

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

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

    Answered over 2 years ago.

    1. Terresha Deneen Wile Stevens
    2. Gregory Lee Housewirth
    3. Catherine Ryan Borum
    4. Paul A. Conner
    5. Todd A. Durden
    5 lawyer answers

    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...

  10. 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.

    Answered over 4 years ago.

    1. Todd A. Durden
    2. Fran Brochstein
    2 lawyer answers

    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....

817-431-0099