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L

llyons

Guest
What is the name of your state? TX

I am very frustrated right now and I am not sure what to do. I have
raised my kids from the time their mother left for 9 years. They were
both 1 and 4. I recently had to leave Texas to take a new job in Baton
Rouge and their mother sued me for custody of my Daughter right before I
left. Basically a court hearing set some temporary orders for
visitation and stated that the court was ordered to have a final hearing
trial on merits by Aug 9th. My son and daughter were with me for 6
weeks from June 1 through July 13. They are now with their mom. The
court ordered that the the trial on merits should be scheduled to occur
no later than Aug 9, since both kids need to be ready for school and set
a date of Aug 7th. The court came back and said later, that the judge
would be in a class that week and to reschedule. The court order also
said that my ex-wife should have the kids until the trial on merits
which was to occur before school started. Now that the judge can't make
the 7th of August and is pushing the court date out (My attorney is
doing nothing about all of this but wanting me to change my schedule
over and over, he has since asked to withdraw, since I am upset at this
entire fiasco) past the start of school, my ex wife is now holding on
to the kids until the trial on merits, as the court ordered and my son
will not be with me for the start of school (I had conceded to let my
daughter stay with her mom if she wished, since she had many friends
there in Texas) and will not be in school here when school starts. My
attorney is bailing out since I am upset that the Court is violating
there own court order and since my ex-wife is able to hang on the both
kids for longer because of a court scheduling problem. Help what can I
do, I need advice and I now live in Louisiana. Help.
 


C

chelleshawn

Guest
how frustrating

Just a bump. I know how frustrated you are. I have court coming up too. I'm the CP and a father. There are alot of intelligent people that read these. They've helped me, maybe they can help you.
 
Last edited:
I think

The ONLY thing you can do with the courts is hurry up and wait.
Sorry.
Regarding your lawyer, sit with him and find out the REAL reason for wanting off the case. Is it that your YELLING at him for something HE has no control over?
Maybe explain your fustration with the courts and you now see that there's not much he can do either until court. That you REALLY need him in order for the court case to have a postive outcome.
Just some thoughts.
Good Luck,
Cookie
 
L

llyons

Guest
Thanx for the info.

Texas ---

I thought that My attorney would give me options and recommendations and not tell me he can't do that and he can't do this. I am sure he could file for a temporary hearing to have the court orders modified, but he did not come up with this option. I came up with that later. When I told him that I am losing $150 airfare for the court repeatedly changing the dates, he basically said Whoopee. When I said that I can't make the later court date in mind, he said that maybe I should settly with my ex-wife(give in). He hung up on me at the end and all I was doing is expressing my dissatisfaction. RIght at the end after paying him $1500, he is wanting to bail out on me. That is really poor.
 

kidoday

Senior Member
pthalo - Any advice on Pro-Se?

Time to get another attorney!

If I am reading through the lines correctly, you have had custody, have lost custody temporarily, and your attorney will not help.

1. You have done something wrong.
2. You are being difficult with your attorney
3. Attorneys do not care that you have to spend money to
get your children, if that is what is in their best interest.

pthalo seems to be doing a great job on pro-se. Maybe he can give you advice.
 
L

llyons

Guest
THanks for the response

I had custody of both kids and upon taking another job in Baton ROuge, I decided to leave the decision of whether to stay in Austin or not, with my daughter, who has many friends there. She decide to stay so I don't look at it as lost custody but a personal choice. Summer visitation was set in temporary court orders which provided for me having both my son and daughter the first 5 weeks of summer and their mom for the next 5. The court order said a trial on merits had to occur by Aug 9 (it was set for Aug 7 at 8:30 am) for school but this was changed because a judge had a class that week. I had to change my schedule several times losing money on flight reservations each time to adapt to changing court dates. The court order also said that my ex had the kids until the trial on merits which was to happen on Aug 7 or before Aug 9. My Son was to return home to me then and was due in School by Aug 12 in Baton Rouge. Because of the court changes, my ex can now hold on the both kids, keeping my son from making school when school starts. Potentially her lawyer can delay the trial and keep both kids until the trial. The longer she had both, the better chance she had a keeping both, even though it was a court order mixup. My attorney is not doing anything. He says the other attorney does not see a problem with my son returning on time, but then my ex says she is holding on to them. My attorney needs to do more and protect me and my son but I can't see him doing any of this.

How is it that I am doing something wrong?
I do expect my attorney to help and give me options that protect my scenarios and not hang up on me. I was not yelling at him and he hung up on me. He wants to withdraw. WHo knows what is going on?
 

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