Dana Joseph Stewart’s Answers

Dana Joseph Stewart

Family Law Attorney.

Contributor Level 10
  1. TX child custody laws, father's right to primary sole custody, parent's right to visitation

    Answered almost 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    I am not sure I completely understand what you are trying to ask. If you are curious how to obtain sole custody of your child - you will have to show that your child's mother is "unfit." Most of the time, courts are reluctant to award sole custody. Typically, you will see courts award the parents with joint custody. However, this does not mean you cannot obtain sole custody. One thing to keep in mind is that just because a parent is awarded sole custody, that does not mean the other...

    2 lawyers agreed with this answer

  2. Is my girlfriend entitled to what i have bought since we have lived together as a family for a year and a half?

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Although you may never have gotten married, the legal system could view your relationship as a common law (informal) marriage. Perhaps you have heard of this term before. Unfortunately, this is a lot of misconception about what constitutes a common law marriage. For example, many people believe you must be with the other person for a specific time period, but this is not true. There are three elements needed in order to establish a common law marriage: 1) The man and woman must agree...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Work status pending, In case it's denied, can we leave and come back after a month or two as tourists?

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    2. Elaine Martin
    2 lawyer answers

    If your husband's L1 application for extension is denied, you will have no more than 180 days before you are supposed to leave the United States. Assuming you leave when asked, then you are absolutely allowed to apply for a different type of visa (eg - a B2 visa, which is a visitor visa). The amount of time you are authorized to stay in the United States will obviously vary based on the type of visa you are approved for. Since you paid the extra fee for premium processing, you should have...

    1 person marked this answer as helpful

  4. Will what I do for living hurt me in a custody battle ?

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    2. William J. Dyer
    2 lawyer answers

    When dealing with a custody issue, the courts always make every decision based on what is in the best interest of the child. Typically, it is in the child's best interest to have both parents in his/her life. However, if one or both of the parents are not deemed to be "fit" they could be removed of their possessory rights. In your situation, the court will not look favorably on your job as an escort. But your ex doesn't have it much better considering that he is a drug addict. You are...

    1 person marked this answer as helpful

  5. My daughter was placed in my possession today.What do I do next to get full and permanent custody of her?

    Answered about 3 years ago.

    1. Lisa Elizabeth Sharp
    2. Dana Joseph Stewart
    3. Christine C McCall
    3 lawyer answers

    I agree 100% with the responses above. GET AN ATTORNEY. Do not leave your child's well being and future to CPS. Take matters into your own hands. Best of luck.

  6. Am going thru a divorce -opposing party has offerred a settlement to case that is impossible for me to agree with-what can I do

    Answered about 3 years ago.

    1. Thomas James Daley
    2. Leah Marie Roberts Harbour
    3. Dana Joseph Stewart
    3 lawyer answers

    I agree with both responses above. Do not sign the agreement, especially if you know that you cannot live up to the terms. You are only setting yourself up for future issues. In addition to places Mr. Daley stated, you can also try Legal Aid of Northwest Texas www.lanwt.org. You need to get an attorney - the decisions you make now with respect to the terms of the divorce can haunt you for years to come. Best of luck.

  7. I'm am deployed and my Ex-girlfriend will not return property I am paying for while deployed, I have not filed do to local

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Dana Joseph Stewart
    3. Donald P. Morehart
    3 lawyer answers

    I agree with Mr. Harding - if you inform her that you are calling the police, there is a chance that she will hide all your stuff. It appears that you have done everything in your power to get the items back and she has no intention of complying. Call the police. Best of luck.

  8. Should I file an assault charge?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Dana Joseph Stewart
    3. Christopher Jay Harding
    3 lawyer answers

    I agree with Ms. Henley. Unfortuately, based on those facts, it seems that you might open yourself up to criminal liability. I wouldn't risk it.

  9. My dad pays 800.00 a month in back child support to my mom... I'm 21 now but she won't give me any money... what can I do??

    Answered about 3 years ago.

    1. Dawn Anne Renken
    2. Dana Joseph Stewart
    3. Angelina Maria Monte Zinn
    4. Christopher Jay Harding
    4 lawyer answers

    I agree with the above answer, you have no legal right to that money. Perhaps you can ask your mom to loan you some of that money. However, if she says no, then you are not going to be able to take legal action against her in attempt to recover some of those funds.

  10. Can a finalized default divorce be reopened in San Antonio, TX.

    Answered about 3 years ago.

    1. Dana Joseph Stewart
    2. Christopher Jay Harding
    3. Edgardo Rafael Baez
    3 lawyer answers

    Yes, it is possible for the party that defaulted to "reopen" the case. This can happen by filing a motion for new trial, an appeal or even a bill of review. I realize those terms probably don't mean much to you, but the point is - there are ways to "reopen" the case. The iems mentioned above have different time constraints on when they must be filed. For example, a motion for new trial must be filed within 30 days after the judgment was signed. I cannot tell from your question whether...