Right to Jury Trial on Conservatorship/Custody in Texas

[tex09]

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

I am considering filing a suit for modification of conservatorship/custody based upon a change in circumstances that affects the best interests of one of my three children.

This case was originally decided in a bench trial three years ago, and my children were allowed to be relocated out of Texas. I do not want the judge in this case to decide any custody matters in my case again.

If the suit for modification cannot be mediated, do I have a right to a jury trial on any disputed conservatorship/custody issues?

 

[Isis1]

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

I am considering filing a suit for modification of conservatorship/custody based upon a change in circumstances that affects the best interests of one of my three children.

This case was originally decided in a bench trial three years ago, and my children were allowed to be relocated out of Texas. I do not want the judge in this case to decide any custody matters in my case again.

If the suit for modification cannot be mediated, do I have a right to a jury trial on any disputed conservatorship/custody issues?

you absolutey have the right to have a jury trial. whether it is is worth it or not depends on what the change of circumstance it is, and if it falls under texas guidelines as a change of circumstance.

you don't get to cherry pick the judges.

 

[LdiJ]

you absolutey have the right to have a jury trial. whether it is is worth it or not depends on what the change of circumstance it is, and if it falls under texas guidelines as a change of circumstance.

you don't get to cherry pick the judges.

A jury trial will be extremely costly for you.

 

[tex09]

Thanks for the responses. I understood the right to jury trial applied to the custody issues in a divorce. I wasn’t sure whether it also applied to a post-divorce modification suit.

In some cases a jury trial is the only practical way to avoid a biased judge and level the playing field. In this case I will not allow another bench trial in front of the same judge to resolve important custody issues. Not as long as I have a right to a jury trial.

A jury trial will be extremely costly for you.

Such costs are double edged swords that cut both ways. Hopefully, the possibility of a jury trial will strongly encourage mediating a solution in the best interests of the children.