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In Texas. If your lawyer is taking a custody case to trail?

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Bench or Jury? Does this...
In Texas. If your lawyer is taking a custody case to trail? Bench or Jury? Does this means he thinks you can win? If he did not think you could wouldn't he recommend you settle?
Submitted: 8 months ago.Category: Family Law
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Answered in 8 minutes by:
10/5/2017
Family Lawyer: lawyerJ, Lawyer replied 8 months ago
lawyerJ
lawyerJ, Lawyer
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Family Lawyer: lawyerJ, Lawyer replied 8 months ago

You and your lawyer should've discussed whether you will be having a bench trial or jury trial. Both options are available in Texas.

Taking a custody case to trial can mean a lot of things. It can mean he thinks you can win. It also may mean that your case isn't going to settle outside of court (i.e. opposing counsel is being difficult, your ex refuses to settle, if the settlement terms are not to your likingt). If a case won't settle, it will eventually go to trial whether or not a lawyer is confident in their ability to succeed. There has to be a resolution to the case, especially when it involves child custody. Your lawyer could've also set the case for trial because a judge ordered he and opposing counsel to, with the hopes that the case will settle before it goes to trial. That's often what happens.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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Family Lawyer: lawyerJ, Lawyer replied 8 months ago

You should also be able to look up which kind of trial was requested by looking up your civil docket online. The petition that was filed will say "Jury Trial Requested" on the top if either attorney requested a jury trial.

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Customer reply replied 8 months ago
It's a jury trial. I asked for it. The judge. Well my wife has had multiple questionable roommates. A transgender and no a felon. The others I don't know know about. Didn't seem to bug the judge in the temp orders hearing. It sure bugs me. And then the lawyer made a comment that if the judge don't care a jury probably will. So I picked that. Hopefully common people exercise common sense. It won't settle. It's not like I want to go after custody. The ideal situation is not that. I am not seeing our kids like live like that. If I can help it. That's how she lives. That's why we are divorcing. Says my attorney. I wouldn't take it to trail if I thought I couldn't win. Can't be money. He is working on a flat rate. He recommended I go after custody. I didn't ask. Just based off the facts. The judge? Who knows. Guess we will see. It's not a comfortable situation.
Family Lawyer: lawyerJ, Lawyer replied 8 months ago

Sorry you have to deal with that, it does sound uncomfortable. Well it sounds like your attorney is confident that they will be able to persuade a jury. If your case is going to be tried before a jury, you don't really have to worry about the judge, he'll just be handling the procedural matters.

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