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Im on court for custody of my boys he ask for a jury court

I'm on court for custody...
I'm on court for custody of my boys he ask for a jury court I have nothing to hight I work very hard all this years to help my children's with autism,he's trying win custody because all the hate and he want me to pay child support. My lawyer is asking 25,000 down for the case, I honestly don't have that money, if I can't pay what happen?? Do he win the case? I'm super scare to loose my boys,I pay over $5000 so far to lawyers not counting all the cost on flying to pick my boys in Md I'm in tx .
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Answered in 5 minutes by:
3/21/2013
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
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max713 :

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)

max713 :

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).

max713 :

Does that make sense?

Customer: Yes I understand but I know his trying for me to be broke, he don't call the kids at all . I was with out child support from July to December they finally fix it, can't I stop the case he really has no ground in the case,how come he can go to jury trial when is nothing wrong with me so far
max713 :

Has there previously been a case for custody?

Customer: Yes when the divorce in 2011 agust and I won on setp 2012 court order a costudy evaluation for both the evaluation say I am a great mom, and they primary Recident is with me, and to him they say to please him and his wife need to take classes on how to deal with kids with autism. I think that document make him very upset and his trying everything to see if I give up
max713 :

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.

max713 :

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.

max713 :

Do you have any further questions? If so, I welcome any and all - as I am here to serve you.

Customer: Can I sue for false statement and emotion de stress , when is over?
max713 :

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.

Customer: He's claiming that my poor English that I should not raise our boys(his racist to Latino well : / I'm Puertorrican why he did married me lol) I just don't understand tx law , he cheat pregnant a solider in Afghanistan I give him divorce because he want it and now my hell is not over, I had no army justice as a wife and now this
max713 :

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).

Customer: I do have allot to proof the army that he lie and that he sent alcohol to Afghanistan
max713 :

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.

Customer: I can't do that
max713 :

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.

max713 :

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).

max713 : Do you have any further questions? I'm here to serve you.
max713 : So, if you have any further questions, I welcome and encourage you to ask away
Customer: Thank for the information
max713 : You are most welcome. It's my pleasure to serve you.
Customer: One more
max713 : Please, I'm here for you.
Customer: My lawyers is a big office when the big guy the owner take over the case... Why is that? Dose he think I can loose I just had scare when they say the owner will take over my case
max713 : Great question. It could be for many reasons, one being that the owner does better in custody cases.
max713 : I doubt it's cause for worry though.
Customer: My lawyer divorce me and she's great but yes she actually new she only have 3 yrs , his the mayor on this city far I know I found that out on my water bill, when I saw him, I do know abut his great reputation, I guess why I'm broke : / , but because of stupidity I look for the best lawyer around, when he ask for divorce and say she's pregnant I did something stupid I try to kill my self on jan 2011 that's why I just can have any lawyer, I know was wrong and I love my boys was a moment of depression.
max713 : I'm so sorry for all you've been forced to go through.
Customer: If I write a book of my life, army wife life and my life with autism kids can he sue me for my true story
max713 : Not unless you lie about him, but you should wait until after the case and don't use real names or identities
Customer: Ok I do have a storie better that the book the help lol I just can't type good English but I can speak Italian,Greek, Spanish and my poor English
max713 : I'm sure it'll be great! Please remember to rate me before leaving. Thank you.
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
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Customer reply replied 4 years ago
Ok he do know that because of what I did I have now a heart malfunction,that I am on heart medication, plus I'm sure his trying to see if I snap a gain, his wife text me, I'm sure they just pushing button, so him using the boys to hurt me to see, I honestly shake and cry over all this,my sister say his mentally abuse me, I understand his the father I never scream our talk bad to the boys abut him, to me the boys are first and he knows that. When he has the boys he won't take my calls, how come I have to pay for half of the fly?? To get my boys ?? His the one that left
You can certainly argue that it would be inequitable given that he left the marital home, and you didn't. However, it would not be uncommon for such a cost to be divided between the parties.
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
Verified
max713 and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
He's requesting jury trial now what are the chance for a judge makin him pay for the cost of jury trial?? He's requesting it he knows he has no chances with a judge so what are my chance for a judge making pay for the cost
Under Texas Rule of Civil Procedure 216, jury trial shall only be rewarded when he requests it in writing within 30 days of trial and pays the jury fee 30 days before trial. Hence, he should have to pay the fee at around the time he makes the written request, and either way at least 30 days prior to the trial-date.
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
Verified
max713 and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
Ok I think I did not say it right sorry I try with my English my lawyers are going to court to make him pay for cost but I think they're go in to ask for my lawyer cost.. What are the chance of judge make him pay for that... How much is a jury cost
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max713
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
1,893 Satisfied Customers
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