What are my options??

[Isabella]

I finally got to speak to someone and my computer wacked out. I am sorry. I need help finding a lawyer able to practice in Texas or Louisiana in less than 2 weeks. If I cannot find one, will I have any chance of winning custody of my son if I represent myself, or can I not do that? I am in louisiana and my husband is in Texas

 

[LegalBeagle]

Who currently has the child ? What are the current court orders ? How long has the child been in which state ? Where has the petition been filed ?

 

[isabella]

The child has been with me in Louisiana for 3 years. He goes to Texas just to visit his father. There are no court orders yet regarding custody or divorce. The petition for custody is for temporary custody until the divore is final. The petition was filed in Texas. He only wants custody because he refuses to pay child support and he thinks this is his way out of it.

 

[LegalBeagle]

If the child has been in LA then LA has jurisdiction and not TX. Therefore any petition should have been filed in LA.

Also, something to note.. if he fails to return the child after a visitation then there is little you can do until the hearing.

When is the hearing ? Where was the divorce petition filed ? Do you have any proof that he only wants the child to get out of support ? How old is the child ?

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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[isabella]

The hearing is September 7th. The divorce was filed in Texas. When we went to court last month for child support he stated that if he has to pay for him then he may as well live with him. My child is 4. Whether you are an attorney or not your help is greatly appreciated. I need all the advice I can get right now. Thank you

 

[LegalBeagle]

Ok, first of all you obviously need an attorney in TX. I do not think that TX has jurisdiction over the child but I would need lots of dates regarding court petitions, moves etc etc...


The fact that you have had the child for 4 years will add great weight to your case. Make sure you tell the judge what he stated to you. If you are unable to get an attorney then you can represent your and would still have a very good chance of keepung custody.

Document everything. Every visitation and averge number of phone calls. If you can show that he has not mentained good contact then that will help too.

For an attorney, try
https://attorneypages.com/

 

[isabella]

Can you tell me how I should go about representing myself? What do I need to know?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by isabella:
Can you tell me how I should go about representing myself? What do I need to know?<HR></BLOCKQUOTE>

You should never represent yourself in a custody battle.. but, if you really want to, you need to read this...
http://www.capitol.state.tx.us/statutes/fatoc.html

Happy reading..



------------------
Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[isabella]

I thank you for your time and help.