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Dana Joseph Stewart

Dana Stewart’s Answers

59 total


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

    She has been removed from her mother three times by CPS. I want her to stay with me permanently but it seems CPS wants her with the mother that has tried to commit suicide, been in a mental institution, lost custody of her other three children (s...

    Dana’s Answer

    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.

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  • 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

    divorce is going on for 9 months already. I have given everything to soon to be x spouse, I pay Child Support (CS) above the amount Texas law states I have to pay. My child's needs are most important to me. have given her the house, all mat...

    Dana’s Answer

    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.

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  • 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

    When we broke up she stole my phone, kept my furnature and childs clothes, my clothes, 63' TV, entertaiment center, workout equipment, etc and dispite calls, emails and letters to the property manger, which is a property she works for and lives at...

    Dana’s Answer

    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.

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  • Should I file an assault charge?

    I was in line at a lounge and this guy was pushing me around telling me that I needed to move so he could get to the front of the line, I had it at that point and told my friend "lets go this place is ghetto" he turned and got in my face and calle...

    Dana’s Answer

    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.

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  • 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??

    I'm not in school and recently lost my job... I need money for my bills( car note, phone and day care for my daugther)

    Dana’s Answer

    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.

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

    Once the court has finalized your divorce on a default, due to defendent not responding, can it be reopened with a motion?

    Dana’s Answer

    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 you are the party that defaulted. If you are, then I advise you to immediately contact an attorney as the clock is ticking. Best of luck.

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  • Do I need a Texas attorney or GA attorney for custody issue?

    The father and I had a baby, but aren't married. We signed an acknowledgement of paternity. I since learned he has a drug addiction issue and has driven in the car with the baby while drunk and high on Xanax. I'm moving back to GA. Can I be summon...

    Dana’s Answer

    I am not familiar with the laws of Georgia; however in Texas, if no other court has continuing exclusive jurisdiction (meaning that your case hasn't already been heard in another court) you typically file a suit in the county where the child resides (see Texas Family Code 103.001). Georgia probably has similar laws and therefore, the appropriate venue (place where the father would need to file his suit) would be in the Georgia county where the child resides with you (assuming you are residing in Georgia when the father wants to initiate litigation).

    Keep in mind that this is not an absolute rule. There are exceptions and everything is very fact specific. If the father does file suit against you, or if you decide to file suit on your own, I strongly advise you to contact an attorney in your jurisdiction to assist you. Best of luck.

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  • I need to know and have access to Texas family code covering...

    My ex husband not utilizing his weekend possession during the summer (not his summer possession but the 1,3 and 5 weekends in the summer) by not picking the kids up at the beginning of the weekend and he therefore he is forfeiting the entire weeke...

    Dana’s Answer

    You really need to contact an attorney an allow him/her the opportunity to review your order. Without having knowledge of all the terms in that order, it's hard to tell you exactly what you should or shouldn't do. But, I do agree with the answer above, especially about not quoting the law to your ex. Usually, that will only lead to an argument and more issues. Best of luck.

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  • My sister-in-law received a general denial petition in the mail from her son's father's lawyer. They went to child support court

    on July11, 2011 and he was wigen 2 wks to pay $3600 or he would be placed in jai. The general denial letter doesn't explain any of what he is denying. I have looked up many things but we are still at a loss. She does have a call into a lawyer but ...

    Dana’s Answer

    I don't think you are referring to the document your sister-in-law received by the correct name. If she received a general denial, that would mean she (your sister-in-law) has filed a petition and her son's father was named as the respondent (ie - the other party in the lawsuit). A general denial is just the name given to the response that he is required to file with the court. You sister-in-law probably filed a motion to enforce child support because her son's father is delinquent on child support payments.

    However, without knowing all the details, it's hard to tell you exactly what to expect next. Definitely contact an attorney about this. Best of luck.

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  • Child Custody

    I opened a CS case through the DCSS and the NCP and I agreed to a stipulation. I signed, but during her appointment she refused to sign. Do the courts usually order the guideline amount?

    Dana’s Answer

    In Texas, courts are allowed to take many factors into consideration when setting child support amounts. For example, the needs of the child and the amount of time each parent spends with the child to name a few. Usually though, courts will determine the child support oblifation based on the state guidelines. WIthout knowing more details of your specific case though, it's hard to inform you of the likely amount of child support that will be ordered. You should speak with the attorney appointed to handle your case through DCSS. Best of luck.

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