Dana Joseph Stewart’s Answers

Dana Joseph Stewart

Family Law Attorney.

Contributor Level 10
  1. First right of refusal order...

    Answered almost 3 years ago.

    1. Kimberly Nicole Shanklin
    2. Dana Joseph Stewart
    3. Christopher Jay Harding
    3 lawyer answers

    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...

  2. 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?

    Answered almost 3 years ago.

    1. Thomas James Daley
    2. Christopher Jay Harding
    3. Dana Joseph Stewart
    3 lawyer answers

    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.

  3. Do I need an attorney?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Dana Joseph Stewart
    2 lawyer answers

    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.

  4. How do you legitimize a child in Texas

    Answered almost 3 years ago.

    1. Kimberly Nicole Shanklin
    2. Dana Joseph Stewart
    3. Christopher Jay Harding
    3 lawyer answers

    Expanding off the previous answer, keep in mind that until paternity is established, the father has no real rights and duties under the law. Therefore, the father doesn't have set times of possession and access, but he also doesn't have a obligation to pay child support. It's hard to discern the exact route you should take without knowing more details. Talk to an attorney about this to ensure your rights, and the child's rights, are protected. Best of luck.

  5. Need to take my daughter out of state for the weekend on family emergency but it falls on her father weekend he is a

    Answered almost 3 years ago.

    1. Kimberly Nicole Shanklin
    2. Dana Joseph Stewart
    3. Christopher Jay Harding
    4. Donald P. Morehart
    5 lawyer answers

    You defintely do not want to put yourself in a position to be held in contempt of court. If that happens, not only do you open yourself up for paying a fine, you could also be put in jail. Definitely not worth it. Take the advice above and contact an attorney to assist you. Best of luck.

  6. How do you get a divorce when you are unable to locate the spouse and have no way to trace him after 33 years of abandonment

    Answered almost 3 years ago.

    1. Kimberly Nicole Shanklin
    2. Dana Joseph Stewart
    3. Christopher Jay Harding
    3 lawyer answers

    I agree with Ms. Shanklin - 33 years is long enough, it's time! As stated in the previous answer, there are legal procedures in place that allow someone in your predicament to get divorced. You should speak with an attorney in your area so that you follow the correct steps to ensure everything is handled the right way. Best of luck.

  7. I have file a Petition to Modify the Child Parent Relationship. The respondant did not provide me a copy of the Answer she filed

    Answered almost 3 years ago.

    1. Thomas James Daley
    2. Dana Joseph Stewart
    2 lawyer answers

    I completely agree with Mr. Daley, especially when it comes to getting an attorney to help you. If you try to handle this on your own, then fully expect to be held to the standard of an attorney. So, if you miss a deadline, don't know the rules of evidence and civil procedure or better yet, the local rules; then you are possibly jeopardizing your case. I wouldn't risk it. Also, in regards to the mediation - many judges require the parties to mediate before you can even set the matter for...

  8. House deed is still in my name and spouse, how can I release myself from responsibility of paying mortgage

    Answered almost 3 years ago.

    1. Thomas James Daley
    2. Dana Joseph Stewart
    2 lawyer answers

    Generally, if you are on the note for the house, you are not just going to be able to sign a document and automatically be released from that liability. Even if the court awards the house to your wife in the divorce, you are still on the hook as it's up to the bank/creditor to make the decision to release you from liability. You should try to get your wife to refinance the home in her name only. If she can qualify to do so, that will effectively remove you from any liability on the home....

  9. Custody documents

    Answered almost 3 years ago.

    1. Dana Joseph Stewart
    2. Christina Fichera
    2 lawyer answers

    Was the child's mother not at the hearing(s)? She should have been given notice of the litigation as she is entitled to notice. Has the child been residing with you primarily or with mom? And when you say you have "legal custody documents" what exactly do you mean? Did you adopt your grandchild? Or did you file a suit to Modify the Parent/Child Relationship? One final question - when you were in court, were you represented by an attorney? Unfortuantely, as you can see, there are...

  10. HOW LONG DOES A PETITIONER HAVE TO SIGN DIVORCE PAPERS IN TEXAS

    Answered almost 3 years ago.

    1. Erin Michelle Bogdanowicz
    2. Dana Joseph Stewart
    2 lawyer answers

    I agreed with the previous answer - setting the matter for trial usually puts pressure on the other side. Also, one thing to keep in mind, if the parties reached an agreement/settlment, through mediation for example, then you can file a Motion to Enter. This bascially means that the parties settled, but one side has not yet signed the order that was drafted from the settlement..