Dana Joseph Stewart’s Answers

Dana Joseph Stewart

Family Law Attorney.

Contributor Level 10
  1. Child Custody

    Answered about 3 years ago.

    1. Richard Forrest Gould-Saltman
    2. Dana Joseph Stewart
    2 lawyer answers

    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...

  2. If a 9 year old child is deeply depressed and has a strong fascination with guns, is that a reason to call CPS?

    Answered about 3 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    I am not sure how much CPS is going to be able to help. In Texas, where I practice law, CPS will investigate claims of abuse/neglect however, unless the situation is obviously bad, not much will happen. Some people are very good at hiding skeletons in the closet. CPS can make someone take a drug test. But, in Texas, they use a cottonswab in the person's mouth and the reliability of the tests are not great. My advice would be to get the child to a counselor. Hopefully the counselor will...

  3. Can i get the child support lowered?

    Answered about 3 years ago.

    1. Karen Purcell Reynolds
    2. Dana Joseph Stewart
    2 lawyer answers

    Please keep in mind that I am licensed attorney in Texas. That being said, I will try to at least give you some advice. In Texas, the courts can take several factors into consideration when setting a child support amount. One of those factors is that amount of time the obligor (the person paying child support) spends with the child. For example, I have had cases where the parties had a 50/50 possession schedule and therefore, no one paid child support. However, I have also had cases...

  4. Can my ex keep my new girlfriend away from our children?

    Answered over 3 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Before I address your question, please note that I practice family law in Texas. I am not familar with the laws of your state. That being said, I hope I can at least give you a little help. Sometimes in a divorce decree, there is language that states a party cannot have an unrelated person of the opposite sex spend the night when the children are in that party's possession. So obviously, if your decree has language along those lines, then you need to follow the court order. How is your...

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

    Answered over 4 years ago.

    1. David Alexander Browde
    2. Dana Joseph Stewart
    2 lawyer answers

    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...

  6. Is there a violation of visitation rights?

    Answered over 4 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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...

  7. 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?

    Answered almost 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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...

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

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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.

  9. 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?

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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...

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

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer 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.