Dana Joseph Stewart’s Answers

Dana Joseph Stewart

Family Law Attorney.

Contributor Level 10
  1. What are the rights of grandparents when the parents are separated?

    Answered over 4 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Please keep in mind that I will be answering this question based on the laws of Texas, as this is where I am licensed. To answer your first question, yes, the mother does have to "live up" to the custody agreement. Although the police were unable to help you, the court system will be able to. If a party fails to comply with a court order, that person could be help in contempt of court. Keep in mind though, that one single incident is probably not enough for the mother to be held in...

  2. What are my rights to have the language of a separation / divorce co-parenting agreement ammended?

    Answered over 4 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    In Texas, you are allowed to modify a divorce decree for several grounds. One of these is if there has been a significant change in the circumstances. Unfortunately, without more facts, I cannot tell you whether you qualify. Also, I am not familiar with the laws of your state. I recommend that you contact an attorney in your area and discuss what you would like to accomplish. More than likely, you should be able to file a suit to modify your divorce decree. Best of luck.

  3. Family

    Answered over 4 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    I am a licensed Texas attorney, so you need to meet with an attorney in your area. However, I should be able to give you a few answers. Currently, without any court orders, you both have the right to possession of your daughter. If you feel that your wife's current living conditions are unsuitable for a child, then you need to take the proper legal actions. You mentioned that you two are going to get a divorce, have you already filed? If no, then you need to. After the suit is filed, you...

  4. I wld like 2 know what I could do 2 prevent any unfair treatment in Family Court. Not 2 sure if Wife stil wants the family life

    Answered over 4 years ago.

    1. Michael Andrew Zywicki
    2. Dana Joseph Stewart
    2 lawyer answers

    You need to speak with a family law attorney in your state as I am licensed in Texas. However, I can tell you what I know based on Texas laws. If you and your girlfriend are about to end your relationship, this doesn't mean that your child is automatically going to live with her most of the time and that you will have to pay her child support. You can petition to become the primary custodian of your child and to receive child support payments. The court formulates their decisions around...

  5. Who has more rights if you are not married the mother or father & the child lives with the mother

    Answered over 4 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    Please keep in mind that I am a Texas attorney and therefore not all of what I say might apply to your situation. Assuming that you don't have a court order which sets out a custody schedule, you need to consult with an attorney and initiate a SAPCR (Suit Affecting Parent Child Relationship) case. Since your ex abuses drugs and has been in jail several times, you have a strong foundation to request a court to award you with sole custody of your child. Courts base their decisions on what is...

  6. Family law, if a mother and father are not married and have a kid together what are the fathers rights?

    Answered over 4 years ago.

    1. Benjamin Peter Hayek
    2. Dana Joseph Stewart
    2 lawyer answers

    Going off what the previous attorney said - your boyfriend needs to first establish that he is the father of the child. This can be done through a paternity test or, in Texas, a father can sign an Acknowledgment of Paternity and file it with the Bureau of Vital Statisticsand therefore the father will become the legal father of the child. I am not sure if your state has a similar form. Once your boyfriend's paternity is established, he will have all the rights and duties that any parent has...

  7. I have full custody of my son. Should his dad contact me before hand about visitations or just assume when we will meet?

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    The answer to your question depends on what your final decree of divorce states. Or, if you and the father were never married, then the answer depends on what the final ruling of the SAPCR (acronym for Suit Affecting Parent-Child Relationship) states. For example, if the court awarded you with sole custody, this means that you have the sole right to make all decisions for your son. However, his father may have been awarded some sort of possessory right (aka - visitation). If he was, then...

  8. Is it necessay to retain an attorney if you have been designated the executrix of a will?

    Answered about 5 years ago.

    1. Cheryl K. David
    2. Dana Joseph Stewart
    2 lawyer answers

    No, it is not necessary for your wife to hire an attorney. Since your mother-in-law created a will, her intentions and wishes of how her estate is to be distributed will be listed in the will itself. As the executrix, your wife should offer the will for probate. Some of her duties include: disbursing property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate, ensuring estate...

  9. I am not married and my name is not on the birth certificate but my son has my last name. What do I do for custody

    Answered about 5 years ago.

    1. Dana Joseph Stewart
    1 lawyer answer

    I am going to answer your question, but keep in mind that I am licensed in Texas, so my answer will be solely formulated on Texas law. To establish your paternity there are a couple things you could do: 1) take paternity test or 2) Sign an acknowledgement of paternity (claiming that you are the father) and file it with the Bureau of Vital Statistics. Something to keep in mind, in Texas, since you are not married, if during the child's first two years of life, you continually reside in the...