Harold Leon Hardy II's Answers

Harold Leon Hardy II
Austin Family Law Attorney.
Contributor Level 6

3

Attorney answers:

  1. Christopher David Bellamy
  2. Christopher Michael Schmiedeke
  3. Harold Leon Hardy II

At what age is a child allowed to determine which parent to live with. At what age may I child testify on there behalf?

Asked by a user in Beaumont, TX - about 2 years ago.

In Texas, a child's preference for which parent they live with is given deference at age 12, but this is not the deciding factor when this goes to court. The court still must consider which parent would be in the best interest of the child. It is at this point that the reasons behind why the child wants to move become very important. Texas law also allows the Judge to speak with the child in chambers to discuss the decision with the child, and not make the child testify in open court before...

2

Attorney answers:

  1. Harold Leon Hardy II
  2. Kristen Lynn Bienstock

My 7 year old stepson has no relationship with his birth father and wants to take my name how can we do this without his permiss

Asked by a user in Beaumont, TX - about 2 years ago.

Generally, Courts in Texas will not change the name of a child without adoption. If your stepson does not have a relationship with his father, and your wife is agreeable, you can file for a Termination/step-parent adoption. I am assuming by no relationship, you are implying that the biological father does not visit with nor pay child support for your stepson. If he is not paid child support or visited with him in the last year that can be grounds for termination. If you and your wife know...

3

Attorney answers:

  1. Harold Leon Hardy II
  2. Fran Brochstein
  3. Christopher Michael Schmiedeke

My fiance ex husban kicked his son out of his house a year ago since then I have been maintaning this good kid.

Asked by a user in Houston, TX - almost 2 years ago.

When you say that your fiancé was denied support in the temporary orders, was that request before or after her ex-husband kicked the child out of the home? How old is this child? If your fiancé did not get custody of the children when their divorce was granted, but she now has possession of their son and he is under the age of 18 or still enrolled in high school, working towards his diploma, then your fiancé needs to file a petition to modify requesting custody of her son and child support...

2

Attorney answers:

  1. Cynthia Russell Henley
  2. Harold Leon Hardy II

A warrant for child support.

Asked by a user in Ingleside, TX - almost 2 years ago.

The Attorney General would have a court order that suspended your license, so if you want to be able to get your license back you will need to get your case back before the court to show that you are employed and making payments. Depending on what your previous child support order was and when it was calculated, you might also want to consider filing for a modification and a confirmation of arrears. Contacting the Attorney General is always a good starting place, but you have to remember that...

2

Attorney answers:

  1. Harold Leon Hardy II
  2. Christopher Michael Schmiedeke

What to do about child support obligation?

Asked by a user in San Antonio, TX - almost 2 years ago.

Based on the situation as you explained it, it sounds like your husband should file child support modification cases for both of his children. If both of his older children's mother's are in agreement with the modificaiton, it can be done, because they do have some control over the amount that is garnished. Generally, child support is set for a period of 3 years unless there is a material and substantial change before the 3 year mark, becoming unemployed can be considered a material and...