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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111529
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Texas Order Establishing the Parent-Child relationship: I

Customer Question

Texas Order Establishing the Parent-Child relationship: I have what appears to be a completed and filed order establishing parental custody. During an Private investigation investigation, I have learned that this wasn't filed... Please help me understand what could have possibly happened??...I don't want to think the lawyer didn't do what I paid her for but I need to know what are some possible 'reasonable' explanations for this.. please help.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the order was not filed in the court, there are only two explanations. First, the attorney filed it, but the clerk's office misplaced it and it did not get into the file. Second, the attorney failed to complete their duty and failed to file it, which is deemed malpractice for which the attorney could be held liable to you for any costs and damages. You are going to have to get the order filed. If it was completed and signed by the judge, you need to contact the clerk and send them the copy you have and ask them to look into this matter and if it turns out the attorney did not file it, you can sue the attorney for malpractice.
Customer: replied 9 months ago.
would it be ok if i upload what i have so you could what what Im looking at??
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can send me a link to look at it.
Customer: replied 9 months ago.
the entire file was too big to up load however this is what the issue is..
Customer: replied 9 months ago.
this is about 19 pages
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
It is stamped from the clerk's office as FILED, which means the issue is in the clerk of court's office and you need to contact that clerk of court and send them a copy of your stamped order to get them to correct the issue they have.
Customer: replied 9 months ago.
the Private investigator... said that he spoke with the attorney general and he said the attorney general said it was a fake!... i don't know if he was messing with my head or not but thats what he said... i don't know how realistic that is... what are your thoughts?
Customer: replied 9 months ago.
what i do know is that I paid the lawyer and expected that it be taken care of..
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You need to contact the actual clerk of court in the court where this order was entered, they have to verify this as a real order or not.
Expert:  Law Educator, Esq. replied 9 months ago.
Also, if the order was filed, the clerk can mail you a "true copy" or "certified copy" which is a copy with their raised seal on it to prove it is real.
Customer: replied 9 months ago.
Ive contacted the clerk and she said that the number couldn't be located.. but she did say that the file could have been transferred to a different county... so in the meantime, i need to file this again so that I could show proof of custody... what will i need from the kids mom? my hope is to have it filed by tomorrow... how complicated is it to file? can she file this ?
Expert:  Law Educator, Esq. replied 9 months ago.
It is not complicated. She can bring in the order to the court and file it with the clerk.
Customer: replied 9 months ago.
I would need to have an attorney draft the same document and simply file that one correct?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You would first bring this to the clerk's office because they can file it just as it is most times. If not, then you would need to get the same document drafted and refiled.