+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    MarkH is offline Junior Member
    Join Date
    Mar 2010
    Posts
    10

    Relocation - trial by jury?

    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?
  2. #2
    CSO286 is offline Senior Member
    Join Date
    Jun 2010
    Location
    Once upon a time, far, far, away...
    Posts
    5,369
    Quote Originally Posted by MarkH View Post
    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.
  3. #3
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,113
    Quote Originally Posted by CSO286 View Post
    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.
  4. #4
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by LdiJ View Post
    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.
    Absolutely:
    [url=http://www.dfwlawyer.com/Family_Law_Trial.aspx]Family Law Trials in Dallas Texas: Dallas Divorce Attorney / Dallas Divorce Lawyer[/url]
  5. #5
    CSO286 is offline Senior Member
    Join Date
    Jun 2010
    Location
    Once upon a time, far, far, away...
    Posts
    5,369
    Quote Originally Posted by mistoffolees View Post
    Absolutely:
    [url=http://www.dfwlawyer.com/Family_Law_Trial.aspx]Family Law Trials in Dallas Texas: Dallas Divorce Attorney / Dallas Divorce Lawyer[/url]
    I stand corrected.
  6. #6
    Tex78704 is offline Member
    Join Date
    Aug 2010
    Posts
    518
    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.

Similar Threads

  1. Evidence--bench trial v jury trial
    By mtpockets in forum Civil Litigation
    Replies: 6
    Last Post: 01-21-2007, 04:23 PM
  2. jury trial vs judge trial
    By nmto in forum Speeding and Other Moving Violations
    Replies: 1
    Last Post: 01-18-2006, 02:18 PM
  3. Jury vs non-jury trial in a real estate civil law suit
    By Avril in forum Civil Litigation
    Replies: 1
    Last Post: 07-27-2005, 07:00 PM
  4. jury trial
    By rhodesdonna in forum Child Custody & Visitation
    Replies: 0
    Last Post: 02-26-2001, 11:44 PM
  5. jury trial dui
    By triggertrev in forum Other Crimes Federal and State
    Replies: 0
    Last Post: 07-21-2000, 06:13 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.