Unbeatable Case?
Jan 01, 2018OUTCOME: Opposing Party's Motion to Modify was DENIED after their case-in-chief due to being unable to put on any evidence over my objections
my client (the mother of two) was told that her case was weak by her previous lawyer that had withdrawn from her case and had the impression that the court would very likely side with the father's requ ... est for modification of possession and access. On initial review of the case, I was inclined to agree with the previous lawyers assessment as he's a known and respected family law lawyer. However, upon closer review of the pleadings and the discovery responses produced by the other side - there were many errors and inadequate responses made to support their strong position. At trial, the opposition and his counsel seemed confident and ready to win their case - but were obviously unaware of their own shortcomings, obviously blinded by their arrogance. They were barely able to even put on their case in chief and although able to call their expert to the stand, the expert was limited to only telling the court her name over all my objections. Although the father's requested changes to the underlying order seemed simply in nature, they would have greatly disturbed their status quo, and would have resulted with the kids simply just spending more time at their father's home and would have caused them to miss most if not all their weekend activities that their father refused to be a part of or even transport them to, Even worse, the father worked 9-10 hours a day on Saturdays, so even with the kids being at their father's home, they really has no more access or time with him than in the underlying order already offered.After opposing counsel rested her case, that was greatly minimized by her failure to produce adequate discovery responses to her requested modifications and therefore put on what should have been an easy case for her, the court had no option but to Deny the father's request as they completely failed to put on a case and meet any burden as required by the Texas Family Code. My client, was able to keep the boys in their loved activities and in the end still spend the same amount of actual quality time with their father that he already had - it was clear that the father was simply trying to be punitive to the mother, which was only going to make the children suffer.
