We have an upcoming Custody trial at the pre trial meeting the judge said that we are not allowed to have witnesses testify but the other side is allowed. It seems very unfair and not legal.
Consult with an experienced family law attorney as soon as possible. You are correct that a custody trial where only one side has witnesses would be unfair. However, there may be reasons that the Judge made that ruling. For example, a Judge can exclude testimony from witnesses if he/she believes that is an appropriate sanction. Or, perhaps, you misunderstood and both sides will be allowed to have witnesses. Talk to an attorney who can discuss your case in detail and properly advice you.
Best of Luck.See question
My exhusband and I are divorced. We live 4 hours from eachother and meet halfway to exhange kids per our court order. My question is...he is so mean to me. He comments very nasty things to me infront of the children. He also texts me very inapprop...
I agree that you should make a record of when and what is happening. If you decide to pursue an enforcement action, you will need to specify all of the particulars of the violation.
I recommend consulting with an experienced attorney who can review the order in place and discuss the particulars about his alleged violations. For example, his conduct may be expressly prohibited by the order which then would be a violation and possibly held in contempt of court. If his conduct is not expressly prohibited then you may want to consider a modification to add injunctions against that conduct.
When you meet to exchange the kids, is one of his parents there? If his parents are not acting as a supervisor, then you may want to consider a modification to appoint a different supervisor.See question
We have not started a DIVORCE but we have talked about separation, I want to move out of the house, would it be considered abandonment if I move out and I will loose my part of equity on the house?
Texas does not have legal separation. Talk to an attorney about your situation before you move out. It's better to have more information about your options prior to doing something that may limit your options. You may also want to consider - if you move out, what guarantee do you that your spouse will pay the mortgage?See question
The non custodial parent hired an attorney after he was put in default for no response to OAG/court hearing. So I am about to get me an attorney as well. I don't know really what he wants b/c we do not talk and even if we did talk I would not trus...
Ask whether the attorney is familiar with the county and Judges that your case is in.See question
I picked up my 8 year old daughter for my summer visitation from her mother. Her mother sent her to me with a phone. After looking through my daughter's phone, I found lots of nude pics of her mother including some where her mother is masturbating...
There are companies that specialize in electronic evidence. You will want to make sure you can authenticate the source of the photos since it's not just the actual photo that's important.
You can use the Find a Lawyer tool at the top of the page to find a local attorney. Keep in mind, you know about this stuff now. So, if these are concerns, be sure to pursue it now. (In other words, don't wait 6 months and then decide it's an issue.)See question
I turned in my divorce papers to be approved by an associate judge but it was denied because they said the finding Scc was not marked and I do not understand what they are asking of me
It would be easier to answer your question if an attorney was able to see the document and view the context of the Judge's comment. Use the Find a Lawyer tool at the top of the page to set up a consult with a local attorney. Some attorneys will even meet with you for free. While you are there, you may want the attorney to look over the rest of the decree to make sure it is in your best interests.See question
My ex and I are having joint conservator issues... I leave 200+ miles away from her and already had my 42 consecutive summer days. I am still allowed 1st, 3rd, and 5th weekends throughout the remaining summer? This is a standard joint conserva...
Have a lawyer review your current order to make sure you have a 'standard joint conservator contract' which is Texas is usually referred to as a Standard Possession Order.
If your order follows Section 153.313 of the Texas Family Code, then you should have weekends in addition to 42 consecutive days in the summer.
It is possible that your order may follow some but not all of the provisions of a Standard Possession Order. Accordingly, I recommend meeting with an attorney to confirm your visitation rights.
Best of Luck.See question
My spouse left divorce petition while I wasn't home, then emailed me asking if I saw it. He says that's same as being served. Should there be instructions on what I'm suppose to do?
You are correct that if you were served by a constable or private process server, there would be a citation attached advising you of your legal rights. That being said, you know there is a divorce pending. I recommend consulting with an attorney who can advise you of your rights. If there is a child or children involved, I do not recommend trying to handle this on your own.
File an Answer with the Court to protect your rights. You do not want to rely on an assumption that the Judge will require him to do more than he has already done.See question
In our agreed divorce decree we put "no overnight guest" provision. If I find my ex in violation of this provision while our child is in the house with this overnight guest, can he lose his custody for violating court order? Divorce decree was a...
It depends. Usually a person does not lose custody over violating a provision in the court order once unless that extreme of a result is warranted based on the circumstances. It may also depend on whether how many times the violation occurred. The outcome may also depend on whether there is concrete evidence that the violation occurred.
Consult with a lawyer who can review your decree and advise you regarding your options and your ability to seek to hold the other person in contempt of court.
I was advised by an attorney earlier that my husband can't take my car because his name is not on it however the local police are saying that the car is community property. I'm confused..
You can use the Find a Lawyer tab on this site to locate an attorney in your area.
Assets are presumed to be community property. Consult with a lawyer about your situation in detail and he/she can advise you accordingly.
You stated that his name is not on the title. The attorney will also want to know when the car was purchased and the source of funds used to purchase the car. The attorney may also want to know whether there is loan on the vehicle.
If you are going through a divorce, you may also want to talk to an attorney about whether you should request temporary orders from the court regarding use of the vehicle.See question