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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13504
Experience:  Experienced in multiple areas of the law.
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i am the custodial parent. the court has appointed an attorney

Resolved Question:

i am the custodial parent. the court has appointed an attorney for my ex. can the i get a court appointed attorney too?
Submitted: 7 years ago.
Category: Family Law
Expert:  RobertJDFL replied 7 years ago.
Thank you for your question.

Why was your ex. appointed an attorney? Are they trying to terminate his parental rights?
Customer: replied 7 years ago.
i really dont know why? no they are not trying to terminate his parental rights. she is trying to keep me from sending him to jail and reduce payments. he is in arrear. he has not paid money for his children. he is self employed and says he does not have work. (lies) he takes our son to help him do jobs.
Expert:  RobertJDFL replied 7 years ago.
Thank you for your reply.

Typically, a Texas court would only appoint an attorney for an individual where they are facing the termination of their parental rights. There's no right otherwise to an attorney in a civil matter. However, because he is facing the possibility of jail time, he is constitutionally entitled to an attorney in that situation. You couldn't get a court appointed lawyer because you aren't looking at going to jail.

As for the support, you can try to get information from him in other ways. You are entitled to conduct "discovery"; in other words, do a Request for Production of Documents and ask for things like tax returns. You can have him answer "Interrogatories" which are questions he must answer under oath, and ask him about work he is doing. You can also take his deposition.

A lot of these things may be outside of the scope of a non-lawyer to do, however, so you really should consider consulting with a family law attorney for assistance. If you can't afford a private attorney, you should look to see if your area has any "Legal Aid" offices that may be able to assist you.

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