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I have mediation coming up and need help. I live in Texas. I do no have an attorney. What should I expect?

Rockwall, TX |

After requesting a mod. on child support my ex tried to sue for custody. We have since done 2 social studies and the rec is for him to have extended. We have mediation next month and I am trying to write up my position. I don't know what to put in it and what would be helpful/harmful. Is there someone who can read it to tell me if its good? Theres no reason for a change, other then him not wanting to pay support. I have concerns: long commute (over an hr, she gets car sick), his history with speeding and school zones, him not giving her prescribed meds, and his engagement (more kids, less room) . He's also made false accusations with CPS, and even tried to involve her by coaching. I want to be fair, but don't like the recent rec (he'd have her over 50% of the time)

We have tried to come up with an agreement, but for that to happen he expects me to move closer to his house, in other words I do what he wants or he won't try to compromise. I've lived here over 10yrs, my kids have lived here their whole lives. Our daughter is almost 9 and I don't want to uproot her from all her friends and the only school shes been to. Not only that, shes in after school activities, which he wants me to take her out of. Every time we try to come to an agreement he then adds something like me moving and expects me to agree with whatever he wants.

Attorney Answers 3

Posted

No responsible lawyer is going to assist you with preparation of documents through avvo. The details in a family law case are important as is what you are trying to accomplish. We can't know all of that on a general information questions website.

So, you really do need to speak with a competent family law attorney who can listen to the whole story and give you specific advice. Many family law attorneys do not charge for he first visit. And, many are quite reasonably priced. Others cost alot. So you need to ask questions about fees if you are a bit short on cash.

As far as mediation goes, in Texas a family law mediation is typically a neutral mediator acting as a go between trying to help the parties to the lawsuit reach a solution that is acceptable to all. Somtimes the process can be pretty formal, but in my experience it is not generally formal in the same way as a court hearing.

The mediator is not supposed to give you legal advice, and sometimes is not even a lawyer.

All this said, again you really do need to get yourself a family law attorney to work on this for you.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

The role of the mediator in a mediation is to try to get the two opposing sides to come a some sort of mutual agreement. The mediator does not take sides and cannot give legal advice. Mediation works as a 'timeout' from litigation so the parties can try to settle the issues before going to court.

You should speak the advice and representation of a qualified family law attorney in your area for assistance with your case.

This answer is meant for information purposes only. No attorney-client relationship has been established between the Avvo user and Cesar Garcia.

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Posted

What should you expect? If you are headed into mediation without a lawyer, you should expect to have a very difficult time, especially if you ex has a lawyer.

If you are in a child custody lawsuit you need an attorney. If you want to get the best result at mediation, you need an experienced local family attorney. I agree that no lawyer on Avvo can walk you through how to effectively mediate a family case. It's not possible. I recommend you spend your time interviewing local family attorneys, and that you hire the best family attorney you can afford immeidately.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.

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