Final orders in child case

[jnkbell]

What is the name of your state (only U.S. law)? California
My daughter was involved in a case where the father of their child (never married) was suing her for visitation and to keep her near him in Texas. She won her case - ability to decide residence without regard to boundaries, along with all the details on support, visitation, etc. We were waiting for final orders as we had to go back for clarification, in the mean time he made a motion for reconsideration, which he also lost. Final orders regarding everything was clarified, heard by the judge, signed by all including the judge. All signed. Done deal.??? He is now threatening her with more court, vowing to keep going until he gets what he wants, which is revenge for her winning in the first place. As long as she abides by the orders, can he continue to do this? Is there no recourse? A judgement has been made! Also, 2nd part to my question, since the father refuses to communicate with my daughter, our attorney tells us we must continue communicating through the attorneys, which means continuing to pay, for 18 years??? Can we not tell the attorney case closed? We're done, balance our account, and move on.

 

[LdiJ]

What is the name of your state (only U.S. law)? California
My daughter was involved in a case where the father of their child (never married) was suing her for visitation and to keep her near him in Texas. She won her case - ability to decide residence without regard to boundaries, along with all the details on support, visitation, etc. We were waiting for final orders as we had to go back for clarification, in the mean time he made a motion for reconsideration, which he also lost. Final orders regarding everything was clarified, heard by the judge, signed by all including the judge. All signed. Done deal.??? He is now threatening her with more court, vowing to keep going until he gets what he wants, which is revenge for her winning in the first place. As long as she abides by the orders, can he continue to do this? Is there no recourse? A judgement has been made! Also, 2nd part to my question, since the father refuses to communicate with my daughter, our attorney tells us we must continue communicating through the attorneys, which means continuing to pay, for 18 years??? Can we not tell the attorney case closed? We're done, balance our account, and move on.

Well, the mother could terminate her attorney's services so that they CANNOT go through her attorney, but that could be problematic if dad continues court actions.

Has mom moved to wherever she wants to go yet? She should hurry up and do that.

 

[TinkerBelleLuvr]

Mom can request that the courts order dad to pay her legal fees. She can make her move and see what happens. She could "temporarily" terminate her attorney, therefore forcing dad to communicate with her. If he files a motion, then rehire the lawyer.

 

[Nocgirl]

Well dad has the right to try and keep the child close to him in TX. TX still has jurisdiction so mom has to put up with the inconvenience of court motions. Hopefully mom at least has to provide travel to visits. TX is normally tough on relocations.

 

[jnkbell]

Well dad has the right to try and keep the child close to him in TX. TX still has jurisdiction so mom has to put up with the inconvenience of court motions. Hopefully mom at least has to provide travel to visits. TX is normally tough on relocations.

Without disclosing all the particulars, it was a matter of safety and well being for my daughter and her child to leave Texas, which the judge also saw it that way...twice! My questions were purely legal, not moral...careful on judgement.

 

[Isis1]

Well dad has the right to try and keep the child close to him in TX. TX still has jurisdiction so mom has to put up with the inconvenience of court motions. Hopefully mom at least has to provide travel to visits. TX is normally tough on relocations.

that part is not true. actually, TX is the most lenient. so much standard language about primary residence with no regard to geographical location. those people are crazy!!

 

[Ronin]

The final order has been signed, and the time to file an appeal is generally over 30 days after that.

Beyond this, as long as she abides by the orders, there are really no motions to file against her or the judgment, other than he may try to modify the judgment based upon any arguable change in circumstances. However, the Texas Family Code does have provisions that require a judge to assess attorney fees against anyone filing modification requests who it determines to have filed such frivolously or for harassment.

So he can hem and haw and posture all he wants as far as what he will do in the courts, but the reality is there is not a heck of a lot he can do, and he will come to realize that as he starts to hit the legal roadblocks and costs of filing motions that lack merit.

 

[jnkbell]

The final order has been signed, and the time to file an appeal is generally over 30 days after that.

Beyond this, as long as she abides by the orders, there are really no motions to file against her or the judgment, other than he may try to modify the judgment based upon any arguable change in circumstances. However, the Texas Family Code does have provisions that require a judge to assess attorney fees against anyone filing modification requests who it determines to have filed such frivolously or for harassment.

So he can hem and haw and posture all he wants as far as what he will do in the courts, but the reality is there is not a heck of a lot he can do, and he will come to realize that as he starts to hit the legal roadblocks and costs of filing motions that lack merit.

From whom or where might I get more info on the Texas Family Code mentioned, and as far as a judge taking action to assess fees is that something they do automatically based on their opinion or is that something we pursue? Thanks for the info. Very helpful.

 

[Ronin]

Google "Texas Family Code 156" and you will quickly find Chapter 156 on Modifications. Near the beginning of chapter 156 it outlines the criteria for modifications, and punitive actions for the filing of frivolous or harassing modification requests.

The entire Texas Family Code can be downloaded from the Texas Legislature website at:

Texas Constitution and Statutes - Home

 

[stealth2]

A word of caution... It is not your case, and not your lawyer. You actually do not get to pursue anything. That is up to your daughter.

 

[jnkbell]

A word of caution... It is not your case, and not your lawyer. You actually do not get to pursue anything. That is up to your daughter.

appreciate the advice - yes it's my daughter's case and she makes the decisions on direction and all other matters. I'm just doing all the homework - and "financial assistance", the "we's" and "I's" are just in relation to questions. Though I am the on who employed the attorney - for what that's worth...

 

[mommyof4]

Well dad has the right to try and keep the child close to him in TX. TX still has jurisdiction so mom has to put up with the inconvenience of court motions. Hopefully mom at least has to provide travel to visits. TX is normally tough on relocations.

Absolutely incorrect generalization.

 

[jnkbell]

appreciate the advice - yes it's my daughter's case and she makes the decisions on direction and all other matters. I'm just doing all the homework - and "financial assistance", the "we's" and "I's" are just in relation to questions. Though I am the on who employed the attorney - for what that's worth...

and I apologize - thanks so much for the guidance and locations of information. You've been very helpful.

 

[Ronin]

appreciate the advice - yes it's my daughter's case and she makes the decisions on direction and all other matters. I'm just doing all the homework - and "financial assistance", the "we's" and "I's" are just in relation to questions. Though I am the on who employed the attorney - for what that's worth...

It's often worth a lot more than it should be...