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Dana Joseph Stewart

Dana Stewart’s Answers

59 total


  • 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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  • My son wants to move back her in september when he is 17 how does he go about doing that?

    Last summer my ex took me to court to get custody of both my kids but we split them because my son wanted to stay there and my daughter wanted to live with me. But now his dad is making it very hard for him to live there and wants to move out, he ...

    Dana’s Answer

    Both answers above are correct. Perhaps the first thing you should try to do is sit down with your ex and attempt to reach an agreement. Often times, parents in his situation are reluctant to "give up" their child though. So, be prepared for some resistance. However, if you are able to clearly (and calmly) present your reasons why it would be beneficial for your child to move back with you, well then, hopefully your ex will open up to the idea.

    If you are able to work out an agreement, then you should contact an attorney to assist you with formalizing the agreement into an order. If your ex will not agree, well at least you tried and now you know that you'll have to resort to litigation. Best of luck.

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  • First right of refusal order...

    I was recently given the first right of refusal in a modification order (original decree in 2005) for when my ex is traveling somewhere overnight. If I know my ex will be traveling out of town on specific dates, do I need to give him SPECIFIC adv...

    Dana’s Answer

    Ms. Shanklin is right. Your attorney's job is to make sure the order protects your interests and accomplishes your goals. If something is not clear, contact your attorney to get a better understanding. Typically speaking though, with the right of first refusal, you are not required to give him specific advanced notice that you want the child(ren). Rather, it's his duty to inform you of the dates he cannot take them. However, not all first right of refusal language is the same as it varies based on your specific facts. Call your attorney. Best of luck.

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  • Should i sign a paper stating i will not make my son do anything or go anywhere if he doesnt want to.. he is 8. in a divorce?

    my wife will not sign the divorce papers. i have given her everything and she still wants me to sign a paper stating i will not make our son of 8 to go anywhere he doesnt want to go. if i do this will this allow her to keep my son away from me? i ...

    Dana’s Answer

    I agree 100% with Mr. Daley - DON'T SIGN IT. Without knowing more details, it is difficult to give your more advice. You need to speak with an attorney about this. Best of luck.

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  • Do I need an attorney?

    My son is 13 years old. He currently lives with my ex-husband. When we first seperated he wanted to live with his dad because he felt sorry for him. Soon after he said he wanted to live with me. Is he old enough to make that decision without ha...

    Dana’s Answer

    As noted above, your son's preference is allowed to be voiced to the court, but that alone will not guarantee the court awarding you with primary possession. You should consult with an attorney to deteremine, based on your specific facts, the best route to take to accomplish your goals. Best of luck.

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