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Jason Semaan Bashara

Jason Bashara’s Answers

13 total


  • Could the biological father over adopted mother win a custody battle?

    Got divorced and gave mother custody to my daughter due to my job. I am the biological father and she is the adopted mother. Recently, my daughter has been going through personal issues, which I am aware of and have family background info on, from...

    Jason’s Answer

    I think you need to hire a lawyer as soon as possible. Each modification case is different. The first thing a lawyer needs to do is review the order you are seeking to modify. Your description regarding the possession and the interactions would lead me to believe that you clearly have a basis for bringing a suit to modify.

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  • Can I take our youngest 2 children out of town for a 2-3 wk vacation.

    Haven't file for a divorce yet. Been married since 2009. Still living in the same home.

    Jason’s Answer

    If there are no orders prohibiting you from taking your children out of town then you should have no concern. I would agree that if your husband is that crafty and finds a lawyer to move that fast, there could possibly be a mess waiting when you come home. Obviously you are thinking about a divorce or you would not have asked this question. I would contact a lawyer and get some guidance that is particular to your situation.

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  • We had "band aid orders" until we went to a contempt hearing are they still good if the judge held a temporary hearing?

    Long story short. My wife filed a contempt of court complaint. 31 violations. All were dismissed. During this hearing the judge discovered family violence on her part on me and decided we were going to have a hearing right then on temporary or...

    Jason’s Answer

    Orders remain in affect until they are superseded by a new order. Note, there is typically language in a new order that says any provision not specifically modified by this order shall remain in full force a affect.

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  • Void Divorce Judgment Rendered, but how to stop it from being Entered?

    I discovered that the trial court does not have jurisdiction over the case. Judge proceeded to trial anyway over my repeated objections before and during trial, and my non-participation at trial although present. Judge made announced his ruling ...

    Jason’s Answer

    If the court lacked jurisdiction, there is case law out there that says any order is void and that can be collaterally attacked at any time. That said, the order is probably going to be entered even over your objection. I think that a mandamus might be the more appropriate plea to the court of appeals, but that would take research to determine. Please retain counsel.

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  • What temporary orders or custody modification is reasonable to request in this situation?

    I have a 5 yr old son, with my ex husband. He also has an 8yr old daughter from a previous relationship. My ex was being investigated by CPS regarding unexplained bruises to his daughter, when he admitted that he smokes pot when he is in care of t...

    Jason’s Answer

    You need to consider several factors prior to engaging in a modification. First, consider what the other side may say about you during the modification. Everything that has occurred since the last order is "in play." Be prepared to answer any questionable activities on your part. Many times, in Bexar County, the Judge will order a drug test at the court house. Your attorney should make that request at the temporary orders hearing. Please note that they may request that you do the same. Next, consider the cost versus the reward. There is cost associated with a modification and if the other side has economic means, they can run up the cost. Depending on the facts, the court may order supervised possession. Then the question becomes, who will be the supervisor? The Court will generally look for a competent family member, but can order it to be done at a facility like "Kids Share" or Kids Exchange." These facilities can be very uncomfortable for everyone involved. I would recommend that you speak with a lawyer and provide a full disclosure of the facts. Each of these cases are different.

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  • My wife took my daughter who was 7 years old out of the country to visit her parents 4 years ago, now she refuse to to come back

    What options do I have? I contacted State Department and did not get any help. If I file for a divorce can I get legal custody of my daughter? Is this the case of kidnapping? Please advise. Thanks,

    Jason’s Answer

    • Selected as best answer

    This has become one of the biggest problems in the area of family law. The first thing you need to know is whether the country she is in is a member of the Hauge Convention and if the country is a member, does the current political circumstances of that country enforce the terms of the Hauge Convention. You are unfortunately in for a long battle. Hire a good lawyer and be prepared to spend some time and financial resources in your pursuit. Best of luck.

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  • How can I get my custody modified? What do I need to do in the meantime to build my case?

    After 11 months of being denied my court ordered visitation by my ex wife, fighting an assault charge from my ex wife that has been dismissed (it never happened), and dealing with cps and a safety plan I am now being allowed my visitation. I have ...

    Jason’s Answer

    Your question does not outline some facts that are needed to fully answer your question. In particular, when was the last final order entered with the court? If it was less than one year ago, the law is different on what you need to prove. I would also like to know how old the children are and the in formation regarding the CPS investigation. You need to sit down with a lawyer and address possibilities. The evidence you are accumulating is on spot, but having someone guide you through what to expect is needed.

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  • I am a father looking to go back to court for custody of my kids who've lived with me for aprox 2 years, plus child support pay

    One of my concerns is that even though I've paid child support for aprox 13 years (via payroll), the case was never reviewed (she never asked for it). I've done a lot for my kids all these years in addition to my court mandated child support payme...

    Jason’s Answer

    If you paid what was ordered, you are in compliance with the court and there is no underpayment. She would have to file in order to receive an increase. Hire a lawyer now and pursue obtaining custody. I would want to know what the age of your children. It appears, given the amount of years you have been paying, that they are over the age of 12. If that is the case, the procedure to obtain custody should be fairly simple. Please note, that "simple" is a relative term.

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  • Can I disregard a tempoary ammendment?

    We have a temporary ammendment to our parenting plan. Hand written, signed by our lawyers, the judge, and both parents. Well she is not agreeing to the phone calls 7 days a week now, and keeps telling me I have to call 3 days a week as our orginal...

    Jason’s Answer

    • Selected as best answer

    You have to follow the orders of the court. She must do the same and if she does not, you can seek attorney's fees for the filing of a contempt action. In the event the court finds her in contempt, attorney's fees are mandatory. If she has money a lawyer may take your case for a lower fee due to the fact that they can recover from the mother.

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  • Is there a disadvantage for me to file for child support?

    My ex and I have been divorced for 3 years. After the divorce he begged me not to file for child support and instead he would pay my car insurance and phone bill. Just recently he no longer wanted to pay those bills for me and instead will give ...

    Jason’s Answer

    If he agreed to pay 330 a month in child support in the decree, but has not been paying though the attorney general, he will have to prove that he has paid that amount each month. In addition, he would have to show a "material and substantial change" in his earnings to lower his child support. For one child he must pay 20% of his net available resources and 5% more per child. I would recommend that you retain a lawyer and pursue a modification in child support. Be warned that he may retaliate by seeking custody. You should make sure that you are prepared for that action.

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