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Relocation - trial by jury?

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MarkH

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

My sister's ex filed a motion to lift the domicile restriction in the divorce decree so he could relocate 3 children from Texas (Collin County) to California. On the court date a preliminary hearing was held. When the judge heard about the request to relocate, he made a sarcastic remark which wasn't favorable to the ex's chances to move. This prompted the ex and his lawyer to drop the relocation motion. The court was held that day for another issue, and the divorce decree was finalized.

Now we hear that the ex is soon going to file another motion to lift the domicile restriction - except this time request a trial by jury. Maybe I'm wrong, but I thought one side couldn't cherry pick their own judge or manipulate the court system.

1. Is this kind of trial by jury request automatically granted? And if not who decides if it is to be granted?

2. In these kind of cases, does trial by jury usually mean the original judge isn't going to preside over the trial?
 


CSO286

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

My sister's ex filed a motion to lift the domicile restriction in the divorce decree so he could relocate 3 children from Texas (Collin County) to California. On the court date a preliminary hearing was held. When the judge heard about the request to relocate, he made a sarcastic remark which wasn't favorable to the ex's chances to move. This prompted the ex and his lawyer to drop the relocation motion. The court was held that day for another issue, and the divorce decree was finalized.

Now we hear that the ex is soon going to file another motion to lift the domicile restriction - except this time request a trial by jury. Maybe I'm wrong, but I thought one side couldn't cherry pick their own judge or manipulate the court system.

1. Is this kind of trial by jury request automatically granted? And if not who decides if it is to be granted?

2. In these kind of cases, does trial by jury usually mean the original judge isn't going to preside over the trial?

Uhhh...not there isn't going to be a jury trial to detemine custody matters. Doesn't work that way. The Judge will determine what is in the best intersts of the child.
 

LdiJ

Senior Member
Uhhh...not there isn't going to be a jury trial to detemine custody matters. Doesn't work that way. The Judge will determine what is in the best intersts of the child.
I actually think that it IS possible to ask for a trial by jury in TX for family law matters. It seems absurd to me but I seem to remember a TX attorney saying so.
 

Tex78704

Member
In Texas, a parent has a constitutional right to demand and get a jury trial to decide custody and relocation.

If the judge made a sarcastic remark suggesting he was not going to grant a relocation request, then that parent was within their right to implicitly tell the judge to stuff it and ask a jury to decide. But in this case, I would not bet much that a jury will grant a fathers relocation request to California to take three children away from their mother if she is an involved parent.

If mom is a suitable custodial parent, she can turn this around and file a countersuit to ask the jury to give her custody if dad relocates.
 

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