How can a 11 year old get her own lawyer

[WWSD]

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

My daughter is the subject of a custody case and wants her own lawyer. She will be 12 in 6 weeks but can not wait. She wants to get in front of a Judge now. She has counselors, medical doctors and psychologists willing to testify on her behalf. She wants to be with me, her mother, or placed in a foster home and continue to visit me while the custody hearings continue.

My daughter is highly intelligent, gifted and talented. She is well spoken and wants to be heard. Can she just go hire a lawyer on her own?

The custody is in Texas but their is abuse is occuring other states. Her father moves her often. There is no abuse occuring in Texas. There is an issue of jurisdiction not communicating in regards to the abuse.

WWSD
What would Scooby Doo?

 

[Proserpina]

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

My daughter is the subject of a custody case and wants her own lawyer. She will be 12 in 6 weeks but can not wait. She wants to get in front of a Judge now. She has counselors, medical doctors and psychologists willing to testify on her behalf. She wants to be with me, her mother, or placed in a foster home and continue to visit me while the custody hearings continue.

My daughter is highly intelligent, gifted and talented. She is well spoken and wants to be heard. Can she just go hire a lawyer on her own?

The custody is in Texas but their is abuse is occuring other states. Her father moves her often. There is no abuse occuring in Texas. There is an issue of jurisdiction not communicating in regards to the abuse.

WWSD
What would Scooby Doo?

Any reason why you - as the parent - can't get a GAL appointed by the court?

(Guardian Ad Litem - an advocate for the child who is often an attorney)

 

[CSO286]

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

My daughter is the subject of a custody case and wants her own lawyer. She will be 12 in 6 weeks but can not wait. She wants to get in front of a Judge now. She has counselors, medical doctors and psychologists willing to testify on her behalf. She wants to be with me, her mother, or placed in a foster home and continue to visit me while the custody hearings continue.

My daughter is highly intelligent, gifted and talented. She is well spoken and wants to be heard. Can she just go hire a lawyer on her own?

The custody is in Texas but their is abuse is occuring other states. Her father moves her often. There is no abuse occuring in Texas. There is an issue of jurisdiction not communicating in regards to the abuse.

WWSD
What would Scooby Doo?

Posting HX......


Ask that a GAL be appointed for the child. Be prepared to help shoulder the costs.

 

[OHRoadwarrior]

Hire her one or loan her the money. You are her mother after all.

 

[Antigone*]

Well, mom why isn't she with you?

 

[WWSD]

Not with me?

Silly question. Have you read this forum or ever been in a court room? I have joint custody. We have a boatload of professional who will state for the record she needs to be in my full custody and that he is abusing her.

She can have all my money but can she legally hire her own attorney? How do you get an attorney ad litem? Never ever get a guardian ad litem unless they are an attorney. Court system is a scam in most places. I want someone to listen to her not anybody else. Does anybody know the actual code for Texas on how she can legally get her own attorney?

 

[OHRoadwarrior]

You can request the court appoint a GAL, however you and dad will pay their fee.

 

[Proserpina]

Silly question. Have you read this forum or ever been in a court room? I have joint custody. We have a boatload of professional who will state for the record she needs to be in my full custody and that he is abusing her.

She can have all my money but can she legally hire her own attorney? How do you get an attorney ad litem? Never ever get a guardian ad litem unless they are an attorney. Court system is a scam in most places. I want someone to listen to her not anybody else. Does anybody know the actual code for Texas on how she can legally get her own attorney?

Well aren't you just charming?

 

[Free_Advice]

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

My daughter is the subject of a custody case and wants her own lawyer. She will be 12 in 6 weeks but can not wait. She wants to get in front of a Judge now. She has counselors, medical doctors and psychologists willing to testify on her behalf. She wants to be with me, her mother, or placed in a foster home and continue to visit me while the custody hearings continue.

My daughter is highly intelligent, gifted and talented. She is well spoken and wants to be heard. Can she just go hire a lawyer on her own?

The custody is in Texas but their is abuse is occuring other states. Her father moves her often. There is no abuse occuring in Texas. There is an issue of jurisdiction not communicating in regards to the abuse.

WWSD
What would Scooby Doo?

What is stopping you from letting her hire an attny .. she has the money, right (or can get it) ? Call an attny up

 

[OHRoadwarrior]

Ohhhh, I get it.

You want her to have a lawyer paid for by someone else. I don't know where she can get one of those, sorry.

 

[WWSD]

I will pay. My question is simple,

Can a 11 year old independent of Mom/Dad/Legal Guardian just go hire her own lawyer? Please note that the question is in regards to an 11 year old not a 12, 14, or 16 year old who have differing laws that apply in the state of Texas.

Can she go into a lawyers office hand them a couple of thousand dollars and have them represent her?

I like to be prepared before meeting with a lawyer.

If a senior member could advise if perhaps this question should have been posted under family law and custody. Can the thread be moved or may I start a new one in that section?

What Would Scooby Doo (WWSD)

 

[mistoffolees]

I will pay. My question is simple,

Can a 11 year old independent of Mom/Dad/Legal Guardian just go hire her own lawyer? Please note that the question is in regards to an 11 year old not a 12, 14, or 16 year old who have differing laws that apply in the state of Texas.

Can she go into a lawyers office hand them a couple of thousand dollars and have them represent her?

I like to be prepared before meeting with a lawyer.

If a senior member could advise if perhaps this question should have been posted under family law and custody. Can the thread be moved or may I start a new one in that section?

What Would Scooby Doo (WWSD)

An 11 year old can not legally enter into a contract of any type. So as soon as the lawyer gets to the stage where they sign a retainer agreement, the process stops.

The parent can sign that agreement. The child can not.

 

[Antigone*]

Well aren't you just charming?

I guess I'll scratch scooby off my Christmas card list. Oh well, no skin off my back

 

[OHRoadwarrior]

Actually children can contract a lawyer. They retain the right to disaffirm the contract on the basis of age though.

Capacity of the Parties

In order to be bound to a contract, the parties must be competent to enter into the legal arrangement. Underage persons, persons who are mentally ill, and intoxicated persons usually are not bound by the contracts they enter. However, a minor may have the option of enforcing a contract under some circumstances.

i would think mom would need to retain an attorney as an adult, at a set fee, on the childs behalf. At that point, the lawyer could represent the childs interest, be paid and not be concerned with the child disaffirming the contract or seeking redress for the outcome.

 

[MichaCA]

In the end, it has to be you requesting the attorney for the child. I mean, the child can tell the judge (if he's willing to listen to her) she wants her own attorney. I think thats a long shot personally.

You need to talk to a family law attorney. The only possible way is if TX has some statute encouraging older children to speak up in abuse cases. I live in CA where now the court is obliged to listen to children age 12 and up, under its possible. Its really new and I doubt its happened in many other states, but ask an attorney. Even with that, as her parent (should I have wanted her to have her own attorney) it would be me formally requesting the attorney, via a motion, etc., not daughter.