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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103880
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Yesterday I was served, went to court, & judge removed grand-daughter

Customer Question

Yesterday I was served, went to court, & judge removed grand-daughter based on original custody papaer between my daughter & her father! He told the judge he sees her on a regular bases, a lie. He said he saw her 2 wks ago, she was with us in San Antonio! How do I get a court appointed atty before next court date to file motion to intervene? The father does not see her but maybe monthly & sometimes not that. She has lived in my home w/brother, grand-pa & myself. Mom moved approx. 1 1/2 ago & still visits more often than Dad. She is currently in Harris County Jail on a misdeamnor firearms charge. Please help!
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
If you cannot get coverage under your legal plan and you cannot afford an attorney, in a civil matter such as this you would have to go to legal aid or call the state bar and ask for the pro bono attorneys in the area for assistance, since the court does not appoint attorneys in these matters as they do in criminal matters where there is a civil right to a free attorney if you cannot afford one.

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Customer: replied 6 years ago.

I don't think you had access to previous post. Correct answer to previous questions is: Mother & Father had agreed upon custody & visitation. Those papers gave father limited visits, which increased as he complied. When he did not comply, I should have followed orders & made father start over, instead of wanting him to be a part of her life. The custody papers also named my daughter as the person who decided soley where the child lived. My daughter signed a Power of Attorney alittle over 1 year ago & again in August 2009 naming myself & her father as the people who would care for her & our home as the place her daughter lived. Therefore, when his attorney filed a Haveas Corpus stating I was interfering w/father's rights, keeping him from his daughter (he never requested to see her & was denied) & causing mental, etc. damage to his child by having her in my custody. The father has always known for the most part, I was the primary caretaker! The father violated the custody order multiple times. The attorney & father violated the order & my grand-daughter's & my rights, & caused undo anguish to both the child & myself. Due to the fact she does NOT see him on a often enough to be removed & me for having to allow him to take her! Any further advise based on this info?

Tried: Pro bono attorneys state bar & houston can't find one/don't know of any, legal aid 3 mos wait, & other equally difficult, unfortunately even in family matters such as what I am dealing with. Thanks! Still w/o grand-daughter :<

Expert:  Law Educator, Esq. replied 6 years ago.
I am sorry, I did not see your previous question. You can file your motion to show cause for contempt against the father on your own without an attorney if you cannot find one. You can get copies of such motions to follow from the local law library and asking the librarian for the form books. Also, if you are in Houston, you should try going to the local law school and speaking to their law clinics for assistance.

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