Family Law Questions? Ask a Family Lawyer Online.
Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.$25,000 upfront is quite a hefty requirement. Many lawyers will require no more than $5,000 or $10,000. If you simply cannot afford that amount, you can proceed on your own also. However, that is much more difficult than proceeding with legal representation. If you are considering replacing your attorney with someone cheaper, you can call the State Bar for a referral: State Bar of Texas | Lawyer Referral Service (LRIS)
They can refer an attorney with whom you can consult, and discuss price (what's owed now, and what will be owed to finalize the job).
Does that make sense?
Has there previously been a case for custody?
If so, then the request would constitute a "change". For a change, one of the three must be the case: (1) a substantial and material change has taken place since the last order;(2) the child is at least 12 and has made clear that he or she would like a change; OR(3) the custodial parent has not cared for the child, and has instead voluntarily enabled a third party to care for the child at issue.
If none of those apply, and there is an existing order, he should not be granted a changed order. When there is no existing order, a parent can request a change at anytime however.
Do you have any further questions? If so, I welcome any and all - as I am here to serve you.
If false rumors were intentionally spread about you, you may have a claim for defamation to the level of the harm. Or, you may have a claim for intentional infliction of emotional distress if what he's done has been egregious and he's aware of certain susceptibilities. Emotional distress is a more difficult claim to win on.
I'm sorry to hear it. A claim like that one is an opinion rather than fact, so it likely wouldn't give rise to a claim of defamation. Also, it likely wouldn't be grounds for an intentional infliction of emotional distress claim (as it was to advance his interests).
I'm sorry to hear it. Well, the main issue is your children. And, it may be best to call the state bar and see whether you can get someone cheaper to take over the case.
Again, I'm sorry he has mistreated you, but - as far as actionable items - the key is you keeping your children. And, he can only take them from you if -(1) a substantial and material change has taken place since the last order;(2) the child is at least 12 and has made clear that he or she would like a change; OR(3) the custodial parent has not cared for the child, and has instead voluntarily enabled a third party to care for the child at issue.
Well, if you proceed, your best argument is that he cannot advance his case for the reasons above. Or, if he can, he shouldn't take them anyway (as you are closer to the children, you know what they need, and his case is based on lies).
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