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can I have a lawyer represent me and not be present.

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xxdom4073xx

Junior Member
What is the name of your state (only U.S. law)? Michigan/Texas

My question involves a child custody case from the State of: Texas.

I am from michigan, the mother moved to texas while pregnant with the baby.

I have a hearing coming up for visitation/to establish the child is mine.

The court case is in texas, and this court case is just like a prelim. I was wondering, do I need to go to texas? Or can I hire a lawyer to represent me to save some money, I don't have a lot of cash at the moment. Making the trip to texas 4-5 times in 6-7 months is going to be hard.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan/Texas

My question involves a child custody case from the State of: Texas.

I am from michigan, the mother moved to texas while pregnant with the baby.

I have a hearing coming up for visitation/to establish the child is mine.

The court case is in texas, and this court case is just like a prelim. I was wondering, do I need to go to texas? Or can I hire a lawyer to represent me to save some money, I don't have a lot of cash at the moment. Making the trip to texas 4-5 times in 6-7 months is going to be hard.
It may not be less expensive to hire an attorney. When do you expect to see your child if you are not willing to travel to TX?
 

xxdom4073xx

Junior Member
It may not be less expensive to hire an attorney. When do you expect to see your child if you are not willing to travel to TX?
She refuses to let me see my child, hence court. It will cost me right around 700-800 dollars for the trip to texas, including missed work.
 

LdiJ

Senior Member
She refuses to let me see my child, hence court. It will cost me right around 700-800 dollars for the trip to texas, including missed work.
It would likely cost at least as much as that to have an attorney represent you at a hearing. In addition, if you are IN TX you can ask the judge to order that you get a visit while you are there.

Please realize that you are going to be traveling to TX for visits for a while.
 

xxdom4073xx

Junior Member
It would likely cost at least as much as that to have an attorney represent you at a hearing. In addition, if you are IN TX you can ask the judge to order that you get a visit while you are there.

Please realize that you are going to be traveling to TX for visits for a while.
Yes, it might cost as much, but the lawyer will certainly know more then I do. And yes, I will be going to TX for visits quite a bit, I realize this. But i'd like to make sure when I do go I will be able to see my daughter. I won't be able to make the judge allow me to. I am not on the birth certificate, nor is the paternity test "legalized" by the courts yet. I got the one of the few courts in Texas that don't allow phone conferences. I am writing a letter trying to get the court changed but that is unlikely. My dilema is I have a few court cases to go yet before I am allowed to ask to see my daughter. I would like to save time/money if at all possible. I understand a good lawyer will run that much, but the question is if I can find a lawyer is it allowed?
I am not sure that one case will run 700-800 dollars with a lower end attorney.
 

dboismama

Member
One case especially one including paternity etc is probably going to run you into the thousands. I don't know any attorney who has a retainer less than $1000-$1500 especially in TX. My original custody case was in Houston and the lowest attorney retainer I was able to find was $2000 and we ran through that in the first month or so.
 

xxdom4073xx

Junior Member
One case especially one including paternity etc is probably going to run you into the thousands. I don't know any attorney who has a retainer less than $1000-$1500 especially in TX. My original custody case was in Houston and the lowest attorney retainer I was able to find was $2000 and we ran through that in the first month or so.
Retainer? Maybe not one case, but one hearing is what I am looking for, I will have to look around, and I guess it's about cost but I am still curious as if I will need to be there.

If I have an attorney representing me, do I need to be present? That is the biggest question in my head right now.
 

frylover

Senior Member
Maybe this is a ridiculous question but if you are planning on hiring an attorney why don't you just ask him/her if you need to be present?
 

las365

Senior Member
Retainer? Maybe not one case, but one hearing is what I am looking for...
In matters like yours, getting a "hired gun" attorney to represent you in one hearing and not afterward is not necessarily a feasible option. Once a lawyer is on the case as your attorney of record, he is in it for the long run unless he withdraws as counsel, which would require a Motion, notice to the other side, and potentially another hearing. Generally speaking, the professional responsibilities an attorney has to a client, especially in an ongoing case, are more thorough than just showing up to argue one issue and then exiting.

What city is your case in?
 

Proserpina

Senior Member
In matters like yours, getting a "hired gun" attorney to represent you in one hearing and not afterward is not necessarily a feasible option. Once a lawyer is on the case as your attorney of record, he is in it for the long run unless he withdraws as counsel, which would require a Motion, notice to the other side, and potentially another hearing. Generally speaking, the professional responsibilities an attorney has to a client, especially in an ongoing case, are more thorough than just showing up to argue one issue and then exiting.

What city is your case in?


What about "unbundled" services? Would that be an option here, do you think?
 

Ohiogal

Queen Bee
Retainer? Maybe not one case, but one hearing is what I am looking for, I will have to look around, and I guess it's about cost but I am still curious as if I will need to be there.

If I have an attorney representing me, do I need to be present? That is the biggest question in my head right now.
Once a hearing appears for A HEARING they are your attorney for the case UNLESS the court gives them permission to leave the case. And for most hearings YOU DO have to be present even with an attorney representing you.
 

Ohiogal

Queen Bee
What about "unbundled" services? Would that be an option here, do you think?
An attorney can NOT be unbundled and only appear at ONE hearing. Once the attorney APPEARS they are on the case unless there is a really good court approved reason to get off the case. Attorneys cannot unbundle services to the extent of picking and choosing to attend only every other hearing or only evidentiary hearings or things of that nature. They can do paperwork only or even some of the paperwork (so that the client can then file it pro se). Or write letters without making an appearance.

Garrula can explain more about it for Texas as she is licensed there.
 

GinAA

Member
Would it be totally out of the question for you to relocate to TX? If money is an issue and you are wanting parenting time, you are going to be putting out alot of money to see your child. I guess this seems like an off the wall question.
 

las365

Senior Member
I dont think it's off the wall, I think that OP may well decide to do just that if it looks like his child's mother can be counted on (or ordered by the Court) to stay put.

OP, Bastrop is near Austin, which is a beautiful, vibrant, small but fairly cosmopolitan city. It is a bastion of liberals in a very red state, if that sort of thing matters to you. You could live in Austin and easily get to your child for your regular visitation or on short notice.

The reason I asked where the proceedings are was to gauge what options may be available for you, attorney-wise. The pool in the Bastop area is obviously smaller than Houston or Dallas, but may be more affordable by the hour. Also I am sure that plenty of Austin family law attorneys will go to Bastrop as well.
 

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