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Charles Emmerich Hardy
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Charles Hardy’s Answers

386 total


  • Current lawyer will not put language that spouse must list and sale house in final decree- am I being unreasonable?

    trying to get divorce decree finalized -- been working on it for 90 days, spouse does not have lawyer but did file an answer to petition. thinking it may be time to change attorneys.

    Charles’s Answer

    Insist on binding, enforceable language. Your lawyer should understand the need - otherwise, get a second opinion.

    Good luck!

    Charles

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  • Can the results of a GPS on the family car be used in a devorce

    We own one car I put a GPS on it and found my husband was seeing another lady.

    Charles’s Answer

    I agree. Wrongful use of a GPS devise potentially subjects you to a Class B Misdemeanor. Be sure to check with your lawyer to ensure you avoid a different kind of legal problem.

    Good luck!

    Charles

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  • Can you explain the possession of a child on their birthday?

    Our decree states that the father shall have the right to possession of the child on Wednesdays preceding the 2nd and 4th Friday of each month beginning at 6pm. It also states that if a parent is not entitled under the PO to prese...

    Charles’s Answer

    I agree with the previous answer.....probably. Remember, Orders are drafted differently. It appears that your Order is not a standard possession order. Usually, birthday access supersedes other access, but the only way to be sure is to look at the entire order.

    Good luck.

    Charles

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  • Husband died while separated. Do I have rights?

    My husband left me in October of 2014. He walked out and left me thousands in debt which I'm still paying. We had no contact until June of 2015. He wanted to try and keep at least our friendship. He sought me out. He died a few days ago. I signed ...

    Charles’s Answer

    Hmmm...did he leave a will? If or if not, you may have beneficiary rights. Call a local probate lawyer and ask for help.

    Good luck!

    Charles

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  • If I am common law married can my husband still adopt my child if biological dad wants to terminate rights?

    Ill be married by the end of this month. Right now its just common law. Can my husband still adopt my child if bio dad wants to terminate rights?

    Charles’s Answer

    And talk with your family lawyer about the presumption that a child born during a marriage is "of" the marriage and the 4 year time period within which a biological Father must assert his rights.

    Good luck!

    Charles

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  • My daughter's father and I have agreed on a child support amount, do we still need to go to court?

    I have my first hearing in regards to child support scheduled next month. My daughter's father lives out of state and will not be able to attend the hearing. After a lot of back and forth, we have finally been able to agree on a set amount each mo...

    Charles’s Answer

    It sounds like the attorney general is assisting you with this case. Let them know of your agreement. They may have documents for him to sign by mail that will avoid his attending court. (Remember - they have lots of cases and would like to resolve your so that they can move onto their next one.)

    Good luck!

    Charles

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  • What to do when your ex doesn't pay child support for 5 daughters?

    Have gone to AG; unless you call weekly case is nonexistent. Children have gone 3 years with nothing. Prior two years before last 3 only received tax return never "support payment". I have also had to pay for the return of children last two years ...

    Charles’s Answer

    You can await the AG or retain a private attorney. I would suggest that you hire a private attorney on AVVO with whom you are comfortable.

    Good luck!

    Charles

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  • Should I borrow from my 401k at work? My husband just got file with divorce docs. I only have about 4k in retirement & need 2k.

    My husband was served with the divorce paperwork today, we have one child together. I only have about 4k in Retirement ( will cost more money to fight to get ½ of that so very unlikely he will try to get my only small retirement I was told) ...

    Charles’s Answer

    Ask your lawyer. If there is a "standing order", you may be restricted from doing do. Ask the attorney you want to hire and see what their advice is in that jurisdiction.

    Good luck!

    Charles

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  • My ex-wife was killed in an accident, I now have my three children whom I was paying child support on in my custody.

    How do I get the Texas Attorney General's office to quit trying to collect child support? I have sent them copies of the death certificate 3 different times now. They are reporting it to my credit as money owed and tanking my credit rating. I am o...

    Charles’s Answer

    Wow. You have done what should be needed, but sometimes the bureaucracy of the Atty General needs an official notice from an attorney. I hate to see you have to to so, but I would suggest you contact a local lawyer who deals with the Atty General and ask if they help get them off of your back.

    Sorry and good luck!

    Charles

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