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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2509
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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How do I oppose a motion to confer with child. My son is 12

Customer Question

How do I oppose a motion to confer with child. My son is 12 years old. His father, the party making the request, is an alcoholic and frequently drives drunk with our son in the car. He is also on full-time disability so he spends all his time "playing" with our son with no responsibilities. My son loves his father and I know he does not want to be put in a position to make this choice.
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Customer: No
JA: Is there anything else important you think the Lawyer should know?
Customer: NO
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Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
In what state is this?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Fort Bend County
Expert:  S. Kincaid replied 1 year ago.
Under the Texas Family Code, the judge is supposed to meet with the children if such a motion is made. In reality, some judges routinely refuse to interview the children, or order them to be interviewed by Family Court Services or a psychologist who can then report back to the judge. You can argue that the father's alcoholism should trump any input from your child, as your child is not old enough to understand the effects of alcoholism on him. Also, if you set the case for a jury trial instead of a judge trial, the judge is not supposed to confer with the child.