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Christopher Jay Harding

Christopher Harding’s Answers

1,153 total

  • Husband didn't sign divorce-agreement as he wasn't agreeing w/ some of the provisions in it. Will wife get default judgment?

    At first, wife pushed husband to sign the divorce agreement. She was calling/emailing husband a lot trying to make him sign the agreement. Husband refused because he was not agreeing with some of the previsions in the agreement. Now, he didn't he...

    Christopher’s Answer

    • Selected as best answer

    I answered your new post. Really, it appears you just need to get the divorce done. You can go ahead and file an answer and she will not be able to default you without giving you notice of a final trial setting and then you failing to appear for the setting.

    If you cannot agree on the terms of the divorce, a final trial will be necessary.

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  • What do I do if my ex is not following a court order for visitation of our son?

    my ex refused my designated time for me to have my son (i pick him up every other sunday @ 7pm) because i didn't give him the address of the hotel we were staying at temporarily while moving into our new house as quickly as he wanted, he refused t...

    Christopher’s Answer

    A motion for contempt and enforcement is the proper tool to use hear. However, the rules are very specific on how you must draft, or "plead" and how to serve him if you want all of the options for contempt available. All options include fines, attorneys fees, and even jail time for him, so you want to do this right. Hire an attorney. Even if you don't 'actually' want him to go to jail, the threat is sometimes enough to force compliance with the court order.

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  • Case help for a divorce.

    I have been getting a divorce for going for 3 years. My case was handled in one county. I had it transferred to the right county due to he lied about where he lives. I can not afford an attorney. He had standard possesion until i gave him an extra...

    Christopher’s Answer

    Social studies are normal, especially in your case. In a case like yours, you need to either consult with an attorney and/or hire an attorney. I understand that finances may be tight, but you are in a situation where your daughter may be in danger. At least get an initial consultation with someone. Many offer free initial consults.

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  • Is certified mail proper serving of divorce petition in Texas? Didn't hear from wife, will this result in default judgment?

    1) Wife sent copy of divorce-petition to husband via certified mail. Is this considered a proper serving in the state of Texas? 2) Husband have no lawyer. He submitted NO paperwork to court/cherk. What will happen to him? 3) At first, wife pus...

    Christopher’s Answer

    1) No - Wife need to personally serve him. Call the court clerk, ask for citation to be issued. Also see if they can automate the process and send that citation to the sheriff to serve on Husband. Not sure the costs in Houston, but in Dallas, Citation is $8 and service by sheriff is $75.
    2) Won't matter until served. Then he gets until the Monday following 20 days to file an answer. No answer means you can default him after the mandatory 60 days from date of filing has passed AND the citation showing he has been served has been on file with the clerk for 10 days.
    3) Don't know. If you get defaulted, you would file a motion for new trial and to set aside default judgment based on lack of service. Highly unlikely a Judge would sign a default in this case (you have not been personally served) anyway.

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  • Plan to marry USC bf but I am separated from husband 2 years now. No divorce here. Can I use US divorce docs and make my ex sign

    plan to go to US , wedding then back to my home country.

    Christopher’s Answer

    You cannot "force" your ex to sign. However, most states will not force you to stay married. You just have to follow that state's rules and laws regarding divorce. For example, here in TX you would file for divorce, serve the other party, and get a trial date. It is a lot more complicated, but that is just big picture.

    Another thing to keep in mind is that most states have waiting periods between the time of filing and the time of final divorce, so you want to file and serve your ex as soon as possible.

    Contacting a lawyer in CA should help. Try to find one near your ex and explain the situation.

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  • Can i move out of my dads home(shack) at the age 16 to a relatives house?

    my dad and mom got our seprate my mom is with one guy and another and doesnt get good money and is always calling the police on me with her lies my dad lies in a burger shack and has me living there and makes me walk to school and walk home.. my c...

    Christopher’s Answer

    Quick answer - not legally. If you do and your parents don't force you to come back, you would get away with it. However, if police got involved, you would be going back to your parents.

    The first step would be to simply try to talk with your parents. This can be hard, but sometimes it will at least start the process of things getting back on track. It sounds like your family may need to have some heart to heart conversations. Remember, these are still your parents, even if you do not agree with them a majority of the time. Texas law places a strong presumption against anyone stepping over their decisions regarding you.

    If that doesn't work, perhaps your uncle would be willing to file to get custody. That is a long and difficult road, that normally does not work, but is an option.

    Finally, if you ever feel in danger, you need to call the police immediately. Not only does it protect you, but it helps to create a record of the events.

    By the way, I think part of your answer is referring to 'emancipation,' or becoming an adult legally before the age of 18. This is really, really tough. You would have to prove you can actually support yourself with no other help, so your job would cover food, room and board, which I can tell you now, it won't if you are still going to school.

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  • My ex is trying to get make-up visitation but hasn't seen her in over a month, can I get full custody because of this?

    My ex took me back to court to get 50/50 custody and not pay child support anymore. He still has to pay child support and he only got extended vistiation rights. At Christmas, he texted me saying he couldn't get our daughter when the papers told h...

    Christopher’s Answer

    I am not sure what you mean by 'full custody.' It sounds like you are joint managing conservators with you having the right to designate the primary residence and he gets certain periods of visitation.

    If you are asking can you get his visitation permanently removed, the answer is 'not likely.' The Texas Family Code lays out a visitation schedule that is presumed to be in the best interest of the child. For you to deviate from it, you have to prove the new schedule is in the best interests of the child. So you would have to show that the Father being around the child for less time is better for the child due to some endangerment or other valid reason. Just because he hasn't seen his daughter in three months probably does not qualify. What might work is asking for a step-up visitation schedule, or having less time for now and building into the standard visitation schedule he probably has now, based on the child needing to be re-acquainted with the Father. This is going to depend on more facts than provided above.

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  • Can my common law husband put me out of the apartment? He has several places to go however I do not

    My husband and I are common law married (fall under all guidelines...even listed as husband/wife on work documents) he cheated and then left out of the country the same day I found out and will be gone for 2 more weeks..I am currently unemployed a...

    Christopher’s Answer

    Yes, he can put you out. This is simply a question of whose name is on the lease. If you have assets (property) or children with him, you should file for a divorce immediately. Otherwise, you may be in a situation where it makes more sense to let him go than to chase him.

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  • Can a judge deny a divorce in Texas? My wife filed for divorce and I am contesting it. I want counseling instead.

    She filed for a divorce on the grounds that I was unable to hold down a job longer than 6 months and because I flirt with other women. Can a judge in TX deny this divorce and order us to marriage counseling? She thinks because there are emails...

    Christopher’s Answer

    You can't stop the divorce in the long run through the legal process, but you can possibly slow it down by requesting the judge to order you both to marriage counseling.

    Keep in mind that the only real way to stop the divorce is to convince her that isn't what she really wants.

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  • How do i change my sons last name? Please help

    My son is 2 years of age, he has his biological fathers last name but his bio father never signed the birth certificate he hasent been in his life never, and i got married, my husban been like a father to him and i wanet to change hmy sons last na...

    Christopher’s Answer

    The easier process is probably the petition to change name of minor. You will have to serve the bio father, with personal service or, failing that, publication.

    You could also terminate the bio father's rights. A termination case also requires termination, and you will need to get new dad to adopt him.

    Unless you feel the need to terminate bio father's rights, the cheaper route is probably the name change. Then you can also keep allowing the child support to build up in case something occurs in the future.

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