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Dana Joseph Stewart

Dana Stewart’s Answers

63 total


  • 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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  • Will I go to jail if I don't show up to testify against my boyfriend even though I dropped the charges?

    my boyfriend and I got into an argument and he shoved me, I called the cops and he was arrested. But I dropped the charges. His court date is coming up, will I get introuble if I don't show up. I haven't gotten anything in the mail saying I had to...

    Dana’s Answer

    The above answers are very good. Even if you signed an Affidavit of Non-Prosecution, the state still has the ability and authority to try to prosecute your boyfriend. And, if you do get a subpoena, definitely make an appearance! You don't what to go to jail for that and it's not something that will just "disappear" if you ignore it. Best of luck.

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  • Will I go to jail if I don't show up to testify against my boyfriend even though I dropped the charges?

    my boyfriend and I got into an argument and he shoved me, I called the cops and he was arrested. But I dropped the charges. His court date is coming up, will I get introuble if I don't show up. I haven't gotten anything in the mail saying I had to...

    Dana’s Answer

    The above answers are very good. Even if you signed an Affidavit of Non-Prosecution, the state still has the ability and authority to try to prosecute your boyfriend. And, if you do get a subpoena, definitely make an appearance! You don't what to go to jail for that and it's not something that will just "disappear" if you ignore it. Best of luck.

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  • I have been waiting three and half years on getting into the court on a child custody is this normal ?

    i have two children that are with my ex husband and i have from marriage and now we are divorced and been waiting three years to get back into court for me to get full custody there is no schedule and no homework being done or turned in and he se...

    Dana’s Answer

    They are correct - that is way too long to be waiting. One thing to keep in mind - you said the children aren't doing as well in school as they once did. Well, according to what you said, you have them about 5 days out of each week. If you are going to make the argument that your ex is to blame for the recent academic decline, remember that a counterargument can be made that you have something to do with the bad grades since your ex only has the children 8 or so days of the month compared to your 20+ days. That doesn't mean the decline in school performance can't be linked to your ex, just be ready to defend your actions/omissions. Best of luck.

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  • I live in Texas and am the Custodial Parent. My ex wife has remaried and a Home Based business is operated from thier house.

    This busniness is a DBA filed by her husband after they were maried. Although he had the main responsibility she recieves many perks...vehicle, insurance, etc etc and does some menial tasks. I understand this is a community property situation, bu...

    Dana’s Answer

    More facts are needed, but I agree with the answer above - if the business can be traced to just the husband, well then, your chances of increasing the amount of child support your ex pays are not that good. However, as with all family law issues, it depends on the facts. So, you need to get an attorney to go over all the details with and then make an informed decision on what you are going to do. Best of luck.

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  • Will judge give child to grandmother in temporary hearing if i live in another state and only seen child twice?

    Mother of my 2 1/2 year old daughter lied to me for 2 years and didnt tell me about my daughter. After filing for child support (with backpay) she is refusing to let me see my daughter. I recently found out that the mother is in an abusive relatio...

    Dana’s Answer

    The answers above contain good advice. FYI - There are professionals that assist families in reunification. If you are going to try to get custody of your child, it would be wise to utilize a counselor that has experience in this area as your child will certainly need time to adjust to things. There's a good chance that the court would order this type of counseling as well. Best of luck.

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  • Is it possible to get free or low cost legal representation in a child custody case?

    My daughter lived with me for five years, since she was a baby. After some time, my daughter started to stay with her Dad over the weekends, then it turned into weekdays because he was not working and I was and my schedule did not allow me to pick...

    Dana’s Answer

    Mr. Daley is right - depending on the facts, you might have opened yourself up to be named as the non-custodial parent. However, that doesn't mean you have no hope. You need to speak with an attorney asap - the longer you allow him to have primary possession, the greater the possiblity that you will end up as the non-custodial parent. And even if the does name your ex as the custodial parent, you still want in order in place that details your legal rights and duties. Best of luck.

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