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How do I counter-claim a proposed temporary order in suit to modify parent/child relationship if we have already had hearing?

Austin, TX |

Feb. 28 2013: My fiance shows up to the school to pick up my daughter, mother has picked her up early and provided a copy of a Temporary Restraining Order. Which I was never served, so is invalid. Keeps my daughter out of school on my visitation days, a total of 15 days in the past month1/2. Not first time to be in contempt of Custody Order. In the past 2 years 196 days. Before, I had more than half of the time. Many police reports, calendars, evidence to prove she filed on false claims. Served with Modif. of Par/Chi Relat. on March 27. Had court hearing March 29th. Granted reset, then X's lawyer oversteps judge and judge calls for hearing that day. No time to find lawyer, file answer, supp. affidavit, and all evidence. I lost more time. Xs lawyer rights new order, not what judge said.

Attorney Answers 4


  1. You need to hire a lawyer. Immediately.

    Your lawyer then needs to order a transcript of the hearing and review it against the draft order for errors. Any problems can be objected to at that point.

    You will need to sit down with your lawyer to map out a plan of action based on what has already been filed and what your goals are. You need to get moving on this immediately as it seems her lawyer has already managed to turn her from being the bad guy into the victim. The longer you wait the harder it will be to get back to where you should be.

    Feel free to call me to set up a free consultation to discuss in more detail.


  2. You need an attorney immediately. You will need to obtain a transcript of the prior hearing, and at least be sure the proposed order is consistent with the judges ruling. Then, you need to consider requesting a rehearing. You and your attorney need to spend some time together preparing for all future proceedings. Hire an attorney immediately.

    www.toddsteele.net

    Todd Steele's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  3. Immediately file a motion for rehearing or for a new trial and swear to it before a notary by attaching an affidavit and a motion to delay entry of the order so that you can obtain legal representation. You should then file a cross-motion along with a motion to enforce visitation and for contempt. The longer you wait the worse it gets--in hindsight, should have hired a board certified family lawyer immediately when she started messing with your visitation.

    Every case is different and it is difficult to get a true feel for the case from these limited postings, so please do not take these comments as legal advice. Always consult with a knowledgeable lawyer before making any potentially life-altering decisions.


  4. Hire an aggressive and experienced lawyer ASAP who can file a motion for reconsideration and reargue your case with present your evidence. But you should present your situation to an attorney to see what your best course of action is at this point.

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