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lwpat
lwpat, Attorney
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Experience:  Actively practicing trial attorney
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when a mother suffers from depression and her family does not

Resolved Question:

when a mother suffers from depression and her family does not let her to seek treatment. family has forced the mother to cut all ties and communication with her children who are living with their father. Mother has filed for divorce but she does not seek custody.

what Texas family code can be used to have the judge at least order a psychological evaluation for mother in the interest of the children? all though she is not seeking custody or any kind of parental right.
Submitted: 3 years ago.
Category: Legal
Expert:  lwpat replied 3 years ago.
Followup questions WILL be answered if my first answer is acceptable. Subscription customers. An ACCEPT is credited to me but you are not charged.

Is the mother in Turkey?
Customer: replied 3 years ago.

yes she is and they have filed for divorce there using Texas law.

 

Thanks

 

I also would like to know what texas laws exist as far as division of community property when one part is at fault and the kids are living with me. and she refuses to contact with them.

Expert:  lwpat replied 3 years ago.
She can get a divorce there but the Turkish court has no authority over any assets in the United States or any authority as to custody of children here in the States. For that she has to come to a Texas Court. Likewise a Texas court has no authority over her in Turkey to make her do anything. You can file here and should do so immediately for custody and division of the marital estate.
Customer: replied 3 years ago.

can you refer to specifice family code or case law regarding this that I can forward to my attorney in Turkey?

 

Thanks

 

Expert:  lwpat replied 3 years ago.
It is jurisdiction. A court in Turkey has no jurisdiction here in the US. Likewise a TX court has no jurisdiction in Turkey. However, if you have answered her complaint in the Turkish court, then you have accepted the jurisdiction of that court and can be bound by that court's decision. That is something that you should not have done if you did.

What Texas family code can be used to have the judge at least order a psychological evaluation for mother in the interest of the children?

There is no such code and since she is not seeking custody it is not an issue.
Customer: replied 3 years ago.
what reason can a judge use to order for a wife who is not seeking custody to appear in person ?
for example in division of property fault could make a difference.
Expert:  lwpat replied 3 years ago.
I have answered your original question. The site honor code requires that you accept in order to proceed to a new question or either ask it in another thread.
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
lwpat and 18 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
what reason can a judge use to order for a wife who is not seeking custody to appear in person ?
for example in division of property fault could make a difference.
Expert:  lwpat replied 3 years ago.
what reason can a judge use to order for a wife who is not seeking custody to appear in person ?

I am not sure of Turkish law but in Texas you can actually issue a subpoena to the other party if you think they will not appear. The judge does not need a reason since a party can require for the other party to be present.

for example in division of property fault could make a difference.

You would need other evidence to prove fault and if the party is not present, then they cannot defend against the claim of fault.
Customer: replied 3 years ago.
my wife has a lawyer and if my attorney requests for my wife to be present or if judge sees it necessary can he request my wife to be present in the court?
with my wife's psychological condition and the fact that everything that is comunicated to her attorney is through my wife's sister not my wife. in reality she has signed the POA with the attorney but she has never talked to her attorney. what codes are in Texas law that my attorney can use to have my wife present and have the judge ask her if everything that is said are actually her wishes and her requests?( they are using Texas laws)
Thanks
Expert:  lwpat replied 3 years ago.
my wife has a lawyer and if my attorney requests for my wife to be present or if judge sees it necessary can he request my wife to be present in the court?

In the US the plaintiff would have to be present and i assume the same for the Turkish court but you will really have to ask your attorney. While the decision may be under Texas law, the rules of court will be Turkish. The Texas rules of court will not apply.
Customer: replied 3 years ago.
we are speaking about Texas, is there a law, rule or a code in the law that says the plaintiff has to be present?
Thanks
Expert:  lwpat replied 3 years ago.
You can compel the other party to be present.

RULE 181. PARTY AS WITNESS
Either party to a suit may examine the opposing party as a witness, and shall have the same process
to compel his attendance as in the case of any other witness.

http://www.supreme.courts.state.tx.us/rules/trcp/trcp_part_2.pdf

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