Dana Joseph Stewart’s Answers

Dana Joseph Stewart

Family Law Attorney.

Contributor Level 10
  1. 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

    Answered almost 4 years ago.

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

    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.

  2. If during the time that I was married and a DNA test proved that the child is not mine; do I still have to pay child support?

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    In a word - YES. A paternity test could change everything. When a child is born during a marriage, the husband is the presumed father of that child. If the results of the paternity test confirm that you are not the father, then your legal rights and duties to the child are terminated. One thing to keep in mind - the Texas Family Code states that when there is a presumed father, a proceeding brought to adjudicate (determine) the parentage of the child must be commenced before the child...

  3. AL child custody laws, father's rights against mother preventing visitation

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Based on what you have stated, it seems that mother in this situation may have some mental issues that could render her unable to adequately care for her child. I believe that you should contact the police about her actions. I would understand your logic for not wanting to get involved if there wasn't a child in the situation. But you need to consider what might happen to the child if the mother has another episode. The last thing you want is the child to sustain mental or physical abuse....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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.

    1 lawyer agreed with this answer

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

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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...

    1 lawyer agreed with this answer

  6. Procedure for getting partial custody and visitation under WA state child custody laws

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    I am sorry to hear of your unfortunate situation. You are definitely right when you say that a father should have the same rights to his child as the mother. Since you have a court order which states you are suppose to speak to you child on certain days, at certain times, you need to document the times when the mother does not comply. I advise all my clients in similar situations to keep a journal. You should write down every time the mother does not follow the court order. Be sure to put...

    1 lawyer agreed with this answer

  7. Procedure under ID child custody law to seek sole custody of child

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Unfortunately, I am not familiar with the laws of your state, as I practice in Texas. However, I may be able to point you in the right direction. In Texas, men and women can use the Attorney General's Office to help obtain custody and even child support. The Attorney General office offers these services for free. Again, I don't know if the same services are offered in your state, but it's worth checking in to. Good luck.

    1 lawyer agreed with this answer

  8. Can a father that has custody of the 2 children seek child support from the biological mother

    Answered over 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    To answer your question in one word - YES. Your husband could be recipient of child support, but only if the court system gets involved. What he needs to do is meet with an attorney to discuss the situation. If your husband has not established his paternity - he will need to do this before he can ask the court for custody of the children and child support payments. Even if the mother does not have a job, this does not mean she can avoid any child support obligations. Assuming a court...

    1 lawyer agreed with this answer

  9. 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?

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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...

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  10. My question is what state do i file for custody in?

    Answered over 5 years ago.

    1. Kenneth V. Zichi
    2. Dana Joseph Stewart
    2 lawyer answers

    Assuming no other county has jurisdiction over the child, you typically file a custody suit in the county in which the child resides. A child resides in the county where the child's parents reside. In your situation, since you and your ex live in different counties, your child is deemed to reside in the county of the parent that has actual care, control and possession of the child. That was a long way of saying that you should file your custody suit in the Michigan County that you reside in....

    1 person marked this answer as helpful