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Dayn Anthony Holstrom
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Dayn Holstrom’s Answers

37 total

  • How can I confirm if I am legally married or not?

    What happens if the necessary paperwork was not filed properly for marriage? Is there a place to see if a marriage license has been filed? I really need to know whether or not I'm actually married.

    Dayn’s Answer

    In addition to looking online, you can go to the County Recorder's office in which you got married in and get a copy of the Marriage Certificate. If it was filed, then you are legally married.

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  • If both parents have joint custody can the mother hold weekends from the father?

    The mother is saying that the child is clinging to her. The mother said that the father can have the child for one night on his weekend. If the father didn't Like that then he won't get the child at all. The child is 3 and the father hasn't missed...

    Dayn’s Answer

    Much more information is needed to properly answer these types of questions dealing with child custody and support. If there are no current court orders stating specific times and days of the week when each parent has custody of the chilrdren; I would suggest speaking to a local family law attorney and inquiring about filing a motion to get such orders. These may alleviate some of the stress you encouter when it is your time with the child(ren).

    Dayn Holstrom
    www.coronalaw.com
    Holstrom, Sissung, Marks and Anderson
    951-734-6371

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  • My ex-husband wants me to say he's current with child support payment (he's not).

    I need my ex to sign the consent form so my daughter can get a passport. He won't sign unless I sign something saying that he's current with child support. Is that even possible?

    Dayn’s Answer

    Lying to the Court is perjury; thus you do not want to take that route. Further, if you do lie you will lose all credibility later on in any court hearings and/or motions. If you need something done (ie sign the passport) you can file a Motion and have the case presented in front of a judge. You should contact a local family law attorney in your area. Most of them do free consultations.

    Dayn Holstrom
    www.coronalaw.com

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  • If my wife moved out and we are seeing other people are we separated legally?

    We were married in 2005 but she moved out in August. She has a new boyfriends and has her own appartmemnt but we never filed for divorce. I just picked up the paperwork and I am niot sure what our date of separation is.

    Dayn’s Answer

    The date of separation depends on many factors; such as when she moved out, intent to reconcile, ect. To make your seperation legal in the Court's eyes and for other legal purposes you need to file the summons and petition. The date can reflect the date in which you two no longer intended to resume any marital relations (ie when she moved out); so long as there was permanent intent to separate. You should contact a local family law attorney if you have further questions re this issue.

    Dayn Holstrom
    www.coronalaw.com
    951-734-6371

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  • My mother has been getting divorced for 3 years. Her attorney seems unwilling and unable to complete the job..the runaround!

    the second one has been with us for 2 years. The first year she was pretty good-but has had several personal problems (her own divorce and a car accident) She has been paid $10,000 and now wants $10,000 more to complete the job..my mother does no...

    Dayn’s Answer

    If you are unhappy with your attormey them you should simply research different attorneys. There are many reasons why a diorce case can be prolonged, especially when there is property involved. However, 3 years is an extremely long time. When money is involved there are several different discovery tactics that can be used (ie deposition of spouse that emptied the bank accounts). It just may be that your attorney is burnt out. Your mother is free to fire and hire any attorney she chooses. It also may be that your mother needs more aggressive representation. Again, there are many factors that cause a divorce to continue on for 3 years.

    Dayn Holstrom
    www.coronalaw.com
    Holstrom, Sissung, Marks and Anderson
    951-734-6371

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  • My ex won't let me see my son, do I go to the county she lives in, to get a signed court order, or the county that I reside.

    Right now at this point I just want to have visitation rights to see him, but I know for a fact that she is an unfit mother. I would then like to proceed to sole physical custody as soon as possible. I haven't seen my son in 10 months, and she onl...

    Dayn’s Answer

    If a Court made orders re custody and visitation re your child(ren) and each parties respective time shares, then you need to go back to the same court and request to modify the Court orders. In the moving papers to request such a modification you can attach a declaration which should set forth concerns that you have about the other parent and why they are "unfit" as you allege. Be as descriptive as possible; the more detailed the better. You can and should see the local family law facilitator at the family law court and they can direct you to the forms that need to be filled ourt in order for you to proceed.

    Dayn Holstrom
    714-633-8258

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  • My wide lied and railroaded me in our divorce settlement and i was homeless at the time, so signed it.

    Unaware I was signing an agreement that said I had abused her and her child so it was a restraining order as well. We went to court and the judge said there was no evidence for a restraining order. And threw it all out. No I got a notice from her ...

    Dayn’s Answer

    You should file a Motion to Set Aside the Default if it has in fact been entered by the Court. If there was in fact fraud (which there are not enough facts to determine there was at this point), that can be used in the facts as well. These motions are extremely time sensitive so you should contact a local lawyer to determine if the Statute of Limitations has passed.

    www.coronalaw.com
    714-633-8258

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  • Uncontested divorce

    It says formes titled "uncontested without children " are not available at this time on the courts web site since they are being updated . I think it is cause they either added a new thing like" no-fault" divorse or merely because of the site prob...

    Dayn’s Answer

    You can contact the local family law facilitator in your family law court who can direct you to the rights and/or appropriate forms needed for an "uncontested divorce."

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  • Why would email and phone records be subpoenaed in a divorce if an affair was already admitted? (filed in no fault state)

    Does the third party involved need a lawyer?

    Dayn’s Answer

    The 3rd party does not generally need an attorney as no law is being broken for "having an affair." Discovery is a process used wherein the third party would need to be identified and further inquires can be addressed with respect to issues that may involve or pertain to any children. To subpoena such information is not that unusual.

    Dayn Holstrom,
    Holstrom, Sissung, Marks & Anderson
    www.coronalaw.com

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  • Common law married and married at the court house??

    I had been dating this guy for almost a year and living together for a little over 6 months when he got arrested and put in jail. He explained to the jail that I was his common law wife and i was put in the system at Harris County and TDCJ as his ...

    Dayn’s Answer

    Some states recognize what is referred to as a common law marriage and others do not. You should contact a local family law attorney in your area re what the law is for Texas re "common law" marriages. Most give free consultations for such inquries.

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