Skip to main content
Thomas James Daley
Avvo
Pro

Thomas Daley’s Answers

3,246 total


  • Can I set up telephone boundaries with my ex when he can call my two year old?

    Hello, my ex and I just spit up about 6 weeks ago. We had temp. Papers drawn up for my child and her support etc. Well he travels out of state a lot for his job. He left last week right after we settled to go to NC for 9 months. He will be home to...

    Thomas’s Answer

    First, listen to your attorney.

    Next, just block your ex. Let him know that he can contact you between the hours of 6pm and 6:30pm on Tuesdays and Saturdays if he'd like to have a short conversation with your child. Otherwise, all other communication should be through your attorney or by email.

    Finally, stop sending messages like that. I get it that he's a jerk. But he will flash messages like that all over the courtroom showing how you don't respect your daughter's right to have contact with her father because you are "moving on." Don't give him that.

    See question 
  • What further steps can I take regarding my potential neighbor harassment situation?

    I live in a family-friendly apartment community and have never had neighbor issues in the 3 months I have lived here EXCEPT with my immediate next-door neighbor. As a personal policy, I never open the door to unexpected knocks unless it would be t...

    Thomas’s Answer

    In Texas, you can't get a protective order unless there has been family violence. That's not the case here.

    You could try these steps:

    (1) Obtain a Peace Bond against him. That's a relatively minor thing, but it puts him on notice to leave you alone.

    (2) You could sue for an injunction against him knocking on your door. That's not easy to get for a number of reasons.

    (3) Start sending certified letters to the management company asking that your neighbor be relocated to another unit away from yours. They probably won't do it, but if you could create a paper trail of having notified the management company, it might make them nervous enough to do something.

    See question 
  • Is it possible for me to get custody papers?

    I am a minor, and I'm looking to get a copy of custody papers. My mom insists that she has sole custody of me, but I have never seen or heard anything indicative of that, except her word. I'm trying to move out of my mothers home (while a minor) a...

    Thomas’s Answer

    You can contact the district clerk in the county where the custody order was signed by the judge and ask for a copy. You'll probably have to pay for it, but you can get the order. You might also check on-line at the Harris County District Clerk's office web site just in case a modification order has been entered in Texas.

    See question 
  • Is there any way to enforce my EX to enroll our son in a good school?

    I and my ex divorced a year ago. She has primary possession of our 5-year-old son. in our decree, it says "It is ORDERED that the mother may only enroll the child in a school that has been rated 'Exemplary' (1st level of 4) by Texas Education Asso...

    Thomas’s Answer

    I doubt that the order is enforceable if her residence is not located within the attendance zone of an "Exemplary" school. You can try to file a motion to enforce OR you could file a motion to modify the order so that you are the primary conservator if doing so would put your son in an Exemplary school. I understand the concern that drove you and her to this agreement about TEA ratings, but it sounds like the way the order was drafted, the judge should have never signed it. What if every school in the county as rated as Acceptable? Would you take the position she should move to another county? These kinds of agreements look better on paper than they do in the courtroom.

    See question 
  • How is it that my ex hasn't filled out paperwork for his new job and the AG can't track him?

    My ex started a new job 1 month ago after quitting his original job. He is obligated to pay child support and hasn't paid since beginning of March. The AG hasn't been able to locate his new job and has our account on an update for any forms turned...

    Thomas’s Answer

    The AG provides an excellent service at no cost to parents. At the same time, they are not going to work extra hard to resolve your case quickly. If you are patient, eventually the TWC information will flow through if he has a W-2 job in Texas.

    An alternative would be to hire a private attorney, file a motion to INCREASE child support, as soon as he's served, file a motion for temporary orders to increase child support (note that there is a new requirement for temporary orders regarding child support as of September 30, 2015 and not every attorney may be aware of the change) and, at the temporary orders hearing, ask him in front of the judge to identify the name, address, and telephone number of his employer. The judge will probably NOT grant you the temporary increase in child support BUT at least you will find out the employment information you need to know in order to get a wage withholding order in place.

    See question 
  • If he pass will I still be liable for the loan on a home I I have not claim on?

    My husband filed for divorce and was given the home. My name is removed from the deed but not the loan which I mistakenly thought it would be after I surrender/abandoned mortgage during bankruptcy as well as removing my name from the deed and gav...

    Thomas’s Answer

    Yes, you will be legally liable. The only remedy the bank has against you is to foreclose on the home and also to make a negative report to the credit agencies. They can't come take your property or put you in jail. They can't make you pay the loan--they can just take the house and ding your credit.

    See question 
  • My husband is still on parole for 9years for soliçitation of capital murder,and, had dwi 4years ago,,can i get custody of my kid

    My husband is 67 and been married 8years he cheated on me, we try our marriage to work but i cant love him again, he has pornograpy problem that lead him to cheat on me,7years ago he took a domestic class he is on parole fo atleat 9years for solic...

    Thomas’s Answer

    Once you know where you are going to live after the divorce and how you will pay your bills, go ahead and divorce him. You'll win the custody battle. Just make sure that if he has a lawyer, you do too. You can't win this by yourself if he has an attorney.

    See question 
  • What papers do I need in Denton County Texas for my husband to adopt my son and his bio dad to give up his rights to my husband?

    My sons bio father does not see him and has not paid his child support in almost a year. We talked once about him giving up his rights and now that I'm about to get married I would like him to sign his rights away and my fiance adopt him after we ...

    Thomas’s Answer

    This is not a simple matter of just filling out a form or set of forms. If it were, there would be no lawyers. You've been given good answers from other attorneys. I just want to add that if you and the child have been living in KY for more than six months, you can get the case transferred to your home county in KY. Maybe you'll find it easier to pursue this suit in your home town.

    See question 
  • How often can a child support order be modified?

    About 6 months ago my ex-husband had our support order modified because he lost his job. He now has a job and is making more. Are we able to modify the order so soon?

    Thomas’s Answer

    Yes. In fact you should file suit immediately because you can ask the court to make any increase in child support retroactive to the day your former spouse was served with your petition for modification.

    See question