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Custody hearing

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

I am trying to figure out what to expect at a temporary custody hearing for May 24th. I asked the AG's office for a modification in Dec on child support, and the father now is going after custody. He's got a lawyer, but I don't have one because of my income. I've tried legal aid, and they can't help because not enough money/attorneys. We had a hearing on the 10 for support, but the judge decided to wait till after our hearing on the 24th.

I have no idea what to expect or say. My ex is requesting a social study. I can't afford that either. Theres really no reason for there to be a custody change, other then my ex not wanting to pay child support. Things have been the same in my house for the past 5 yrs, though I do have a almost 1 yr old son. His father left and isn't involved though. My ex got divorced last yr. His ex wife was the one who made sure our daughter took her medicine and went to bed on time. He is also buying a new house. My income is limited due to being on disability from a car accident in 03. I am trying to get my High School Diploma do I can go to college.

My ex likes playing games: he uses our 5 yr old as a messenger, tells her derogatory things about me, lies about the past, he "forgets" to give her her allergy medicine (she ends up sick for about a week), theres other things he's done.

On the 24th though I need to know what to expect, what to bring and what to say. I've got emails and I've kept a journal, which will show the type of person my ex is. I don't want to keep our daughter from her dad, since I know the importance of children having their parents. But on the other hand I want to be prepared in case he tries pulling something sneaky. Can I ask the judge for my ex to pay for the social study if he wants it done, or for us to not even do on? Our daughter is 5, and doesn't need to be dragged into this.

In the past he's dragged her into our issues, and I've put her in counseling because of it. She doesn't need to be dragged into anymore bolony.
 


Have you wrote the judge a letter and asked for court appointed counsel? Do you have a local law school? I would write the judge ask for a court appointed counsel. The worst he/she can say is no. If that is the case then ask for it to be continued to allow you to try to see legal aid. Yes apply again.
 

TheGeekess

Keeper of the Kraken
Have you wrote the judge a letter and asked for court appointed counsel? Do you have a local law school? I would write the judge ask for a court appointed counsel. The worst he/she can say is no. If that is the case then ask for it to be continued to allow you to try to see legal aid. Yes apply again.
One does not write letters to the judge. :rolleyes:
 

MichaCA

Senior Member
Since you are representing yourself in court, be prepared. Do some more research, but start writing what your major concerns/wants are regarding your daughter re custody and visitation...put in down on a one page piece of paper for yourself...so you can have a 'cheat sheet' in court.

Be clear on what dad is saying/requesting and have your responses ready for them. For ex., he wants a home study. A home study shouldn't be invasive (I wouldn't think) for daughter...I would simply be prepared to say that you don't see the need for one, however your willing to cooperate but need for dad to pay for it. Very good chance the judge would order dad to pay for it.

Go down the line, and try to present solutions to every issue. Judges love solutions, and if he/she isn't offered one that makes sense to him, will definitely force his own solutions on everyone - called a court order. So speak up, be polite, don't diss dad, speak strictly in terms of whats in the best interest of the child.
 

TinkerBelleLuvr

Senior Member
If you haven't been in a court room lately, you can go sit in one and see how they operate. See what types of questions the various attorneys are asking, etc.

In the petition for a change of custody, what reasons did your X give on why custody should be changed?
 
If you haven't been in a court room lately, you can go sit in one and see how they operate. See what types of questions the various attorneys are asking, etc.

In the petition for a change of custody, what reasons did your X give on why custody should be changed?
I didn't see a actual reason in the papers. Just that ex feels its for the best interest for the child. Thats a question I should probably have asked his lawyer after the hearing on the 10th. since I rea;;y don't want to talk to my ex, I'm not going to mention it to him.
 

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