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Charles Emmerich Hardy
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Charles Hardy’s Answers

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  • Ex husband is asking court to make me come get our child at the end of his visitation?

    My ex husband lives in the next county, and he has been picking up and dropping off our child for his visitation for the past 5 years. Now suddenly he wants me to come get her? He has a job, not in college, and has no other children. My husband an...

    Charles’s Answer

    Ditto. Talk with a lawyer. The court clearly has the right to order you to pick up or return. You need help presenting your facts correctly to the court.

    Good luck!

    Charles

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  • How do I file an order from another state in Texas so I can eventually modify custody and child support.

    I have an original custody and child support order from Washington state and both children live in Texas including my ex wife. How do I file the original order in Texas so I can modify at a later date??

    Charles’s Answer

    Pretty complicated thing to do. If you still live in Washington state, the child support will probably stay with you. Texas might have jurisdiction....just not an easy battle.

    I would strongly suggest you consult with an attorney to help you with this mess.

    Good luck!

    Charles

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  • If i don't have a marriage license with my wife, is still a marriage?

    We don't have a marriage lincense

    Charles’s Answer

    Yes. Texas allows for marriages by "Common Law", meaning that if you live together, tell others you are married and agree to be married, then you are married.

    If you are uncertain, consult with a good lawyer and learn about your true marital status.

    Good luck!

    Charles

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  • How do I go about signing over my parental rights?

    She doesn't allow me to see the child even though I pay child support and I now question the paternity of the child cause I found out she cheated around the time she got pregnant she won't allow me to do the dna myself and the child support office...

    Charles’s Answer

    Hhmmmmm....is she willing to allow you to do so? I wonder if she is willing to give up that child support?

    If so, contact a local attorney and see if it is worthwhile pursuing this matter.

    Good luck!

    Charles

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  • At which date does the lien to my ex begin? The date of mediation w the judge or at the signing of the final decree?

    I owe $100,000 + 5% simple interest. Mediation w the judge was Jan 31,2012, the signing of the final decree was March 22 2012. My ex says it begins in January 2012 ($118,185.71 ), I thought it was from March 22 2012 ($115,547.94) Please l...

    Charles’s Answer

    On what date does the Decree say it is owned? Since your decree replaces your MSA, I would think that the recited date in your Decree would be controlling.

    Be safe - show this to your lawyer and get a good opinion.

    Good luck!

    Charles

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  • I currently have my son for visitation and do not want to return him due to neglect and suspected abuse.

    My attorney is working on filing for emergency custody from his mother. We have photos, statements, doctor bills, etc. of her neglect and her boyfriends abuse to my son. But the child's mother wants us to return him in a couple days. I'm not sure ...

    Charles’s Answer

    Wow - you have an attorney and you are asking this forum? Trust your lawyer - who has ALL of the facts - to give you the advise you need in this regard. ( Remember that if there is a court order requiring you to return the child, you have potential exposure. Let your lawyer help you!)

    Good luck!

    Charles

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  • Child Support Modification

    I am the Non Custodial Parent living in California. I have 3 children in TX with their mother. The Child Support case originated in California 1/2013, Custodial Parent moved to TX 3/2013. Since TX is the childrens residence state can I have the c...

    Charles’s Answer

    Consult a lawyer before doing so. My guess is that California retains jurisdiction under UIFSA (Uniform Interstate Family Support Act).

    Good luck.

    Charles

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  • What can I do?

    My ex and I bought property together in 2001. We divorced in 2007 and the property was not even brought up in the divorce. He said he wanted to live in it and so he has since. I've tried many times to get him to settle with me over the property...

    Charles’s Answer

    If the property was not brought up, it is probably an undivided asset. You need to contact a lawyer ASAP and determine your rights to that property!

    Good luck!

    Charles

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  • If I'm owner of acres/land before marriage, then after marriage husband builds home on land, is land still separate property?

    -Deed would remain in my name since was inheritance, and was mine before marriage - Don't know if house is built during marriage, if that changes it to marital property or not, if land was mine before marriage

    Charles’s Answer

    Yes. Generally, the land is still your Separate Property. Your husband may have a reimbursement claim for the increased value of the land caused by the improvement.

    Talk with a lawyer and review your specific facts for advise.

    Good luck!

    Charles

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  • What should i do to get an increase on child support

    my ex is not following the divorce decree, he sees the child whenever is suitable for him, i pay child care, medical expenses and etc and the support is not helping enough, i keep the child 95 percent of the time and he quit his second job during ...

    Charles’s Answer

    Ditto. Find a good lawyer and get aggressive on this.

    Charles

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