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Dana Joseph Stewart

Dana Stewart’s Answers

59 total

  • What can i do with my mom who once refuse to give me my kids back she has no custody rights.plus she has made a story about her

    having a cps caseworker.im a teacher i know how cps works and their serious about things.they never contacted me at all. today she decided to go drop off my boys, but since i wasnt home she call the cops. what can i do?

    Dana’s Answer

    I cannot tell from your question if you have a court order regarding custody. If you do, and your mother refuses to give you your childing during one of your periods of possession, you should call the police and show them your court order.

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  • I get every other weekend but because i am religious could i get the kids every sunday for church.

    i would like to take my kids to church every sunday. the ex wife is not religious but i am and i would like for my children to follow my faith.

    Dana’s Answer

    I am licensed in Texas, so this answer is based on the laws here. I am just trying to give you some information that will hopefully point you in the right direction.

    In Texas, each conservator usually has the right to direct the moral and religious training of the child(ren) during the conservator's possession period. The conservators are also allowed to change their possession schedule without getting the court involved.

    In your case, if your ex wife will agree to give the children to you every Sunday for church, then you don't need to get the court involved. You and your ex can handle it informally. But just keep in mind, that if you do not formally make the changes, then legally, your wife only has to give the children to you per the order in place (thus every other weekend). So if she decided one weekend that she didn't want you to have the children on a Sunday when it was her possession period, there would be nothing you could do about it (until you get the court to formally change the possessory periods).

    I hope this helps. Consult this matter with an attorney licensed in New York. Best of luck.

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  • Is there a violation of visitation rights?

    During visitation weekends at his father's, are there restrictions as to another person watching my child?

    Dana’s Answer

    Before you read my answer to your question, please keep in mind that I am licensed in Texas, not Wisconsin. However, I would imagine the laws governing this are similar to the laws here. Either way though, consult with an attorney in your area.

    In Texas, unless a judge decides differently, each conservator may designate any competent adult to pick up and return the child. Taking that concept a little further, a conservator can usually leave the child with a babysitter (assuming that the babysitter is competent for the job).

    However, if you have a court order in place, you need to read it very carefully. Your order may have language dealing with the "right of first refusal." Here is an examply of what that is...let's say it's the father's possessory period, but he can't be with the child(ren) because he has to work. If there is language in the order dealing with the right of first refusal, then before the father can find someone to watch the child(ren), he must give the mother the chance to take possession of the child(ren) during the time the father cannot exercise his possession.

    There may also be other restrictions to your particular case, so please consult with an attorney licensed in Wisconsin. Best of luck.

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  • I have sole custody of my son in NY state.His father lives in fl and wants to take me to court for visitation.can he file there?

    was never married to my sons father and he shows limited interest in keeping contact with son(doesn't call or return calls). I informed my ex that all visits will stop because he continues to speak negatively to my son about me and my family. my s...

    Dana’s Answer

    I am a licensed Texas attorney and I am not familiar with New York and Florida laws. That being said, I think I can still shed a little light on this for you. The court that previously handled your custody suit should retain jurisdiction over the case. So, more than likely, your son's father will have to file his case in that same court.

    In a situation where no court has previously intervened in a custody case, in Texas, then the proper venue to bring a custody suit would be the county where the resides. Although there is not a time requirement that must be met to establish a child's residency in a county, the statutes read that there must be some sense of permanency within a county to become a resident.

    As the laws from state to state can and do vary, your best bet is to search for an attorney in your area that practices family law. Also, try to find one that offers a free consultation. Best of luck.

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  • How can I go about getting legal primary custody of my daughter from her father? we have joint custody w him as the primary

    I have been divorced for 6 years. When I got divorced I was 22 and had nothing, just wanted out! I had no job, money nothing, so we decided to share custody of our daughter, at the time 4. Since that time I have put myself through school, have ha...

    Dana’s Answer

    In order to obtain what you desire, you will need to file a motion to modify your divorce decree. You can become the primary conservator, but not without getting the court involved. From what you have said, you may have a legitimate claim to substantiate your desire to become the primary conservator. Speak with an attorney in your area so that you can discuss the situation in detail. Best of luck.

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  • In NY how can I avoid my son's father from gaining Joint Legal Custody?Any way to avoid him being recognized legally as the dad?

    Hello, I am the unwed mom of a 4.5 month old baby boy whose father I did not name on the birth certificate for various reasons (we are not in a relationship, he is emotionally unstable, etc.). The father is now taking me to court to 1) establish ...

    Dana’s Answer

    Assuming he is the father, once paternity is established, your son's father is going to have legal rights and duties to your son (such as the right of possession and the duty of support) - regardless of his lack of citizenship. Under Texas law, most parents are granted joint custody. In your case, with the father being involved in the son's life, then there is a good chance that the two of you will be awared joint custody. In order to preclude someone for obtaining custody rights, the court must find that the parent is "unfit" (such as a drug addict, abusive, etc).

    Since I am not licensed in NY, I advise you to speak with an attorney in your area. Best of luck.

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  • I have visitation of my 17 yearold son, this is one of my weeks for the summer, can his dad turn him in as a runaway?

    He sied it wasn't my time, and wanted him to come back now.

    Dana’s Answer

    If you have a court order which states the possession periods when you are to have your son, then you don't need to worry about what your son's dad may or may not do. Although you may have to deal with a situation if he does report your son as a runaway, such as dealing with the police and showing them your court order, ultimately, if you do have a court order, then your son's father does not have the right to your son during those periods. If you are still confused or concerned, please seek advice from an attorney in your area. Best of luck

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  • Wisconsin child custody, visitation laws, procedure for modifying visitation in the parenting plan

    how to modify visitation ex wife and ex mother in law infere with my visitation they have not allowed me to see my sons in 1.5 years and i can't afford a lawyer

    Dana’s Answer

    Your divorce decree should have set out a custody schedule. If your ex is not complying with that schedule, then you can file an enforcement/contempt motion. In Texas, the Attorney General's office handles custody cases for free. They help individuals in situations like yours. I am not sure if the AG office in your state does the same thing, but it is worth checking in to. Best of luck.

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  • Is a parent violating the parenting plan if that parent refuses to take children to basketball practice, New Mexico

    i have joint custody of my 2 children my daughter joined basketball and has visitation with her father every other weekend and he doesn't want to take her to practice does he have that right

    Dana’s Answer

    I practice law in Texas, so you need to speak to an attorney in your area. However, I can tell you that I have had clients with very similar situations. Judges and courts will base their decisions on what is in the best interest of the child. Children are encouraged to participate in extracurricular activities such as basketball and this helps them develop. If one parent refuses to take the child to the practices or games during that parent's possession periods, a judge may look down upon that parent, if the judge feels that parent is just trying to be difficult. However, if there is a legitimate reason why the parent is not taking the child to the practices/games, such as the parent has to work during the practice/game times, then you have a different story.

    These cases are all different because the facts are never the same, so it's hard for me to give you a definite answer without knowing more. However, I can tell you that you might be able to get a judge to require the father to take your daughter to practice and games. Speak to an attorney. Best of luck.

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  • What are the rights of a grandparent when the biological parent take back custody of child and refuses visitation

    see above

    Dana’s Answer

    I am a licensed Texas attorney, so I advise you to speak with an attorney in your area. That being said, in Texas, grandparents can file a case in court and petition to be awarded possession to the grandchild. This is not a fundamental right, so a court does NOT have to award the grandparent with possession. However, depending on the facts of your situation, you may be able to get possession periods (ex - one Saturday per month). Best of luck.

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