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My wife has an ex husband who wrongfully kidnapped the

Customer Question
Hi my wife has...

Hi my wife has an ex husband who wrongfully kidnapped the children and accused my wife of abuse.they had been away for 8 months last year.we fought long hard i did everything i could to bring the truth out and stop her ex husband from spreading vicious lies.I did my research and we were persistent.in december 2017 her ex husband at court decided to drop the case and return the children to us.He decided that what he was doing was illegal and we brought to the judges attention that he actually was abusing them while they were with him.he didnt have the children living with him he moved them in with his sister who was also controlling and abusive. so since then the kids are with us and then the final hearing came and the judge said that this rarely happens when a parent drops the case for the other parent to succeed and get the children back.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My question is this. our lawyer refuses to file papers because we owe her the rest of the fees. about 3500 dollars. the judge in february asked our lawyer why was the court docket just sitting there and nothing was happening and she told the judge that we need to finish payements. my question is. is it legal waht our lawyer is doing shes kind of blackmailed us

Lawyer's Assistant: Family law varies by state. What state are you in?

By saying if we didnt pay she would have pulled out.i reassured her that we would get regular payments to her to get the balnce down.to start we paid 4000 to get the ball rolling to modify parent relationship and file.because her ex has dropped it his lawyer is pretty much done with him because of the unecessary restraining order he filed against my wife the mother.he used religion as the reason and lied about the abuse. we are in texas. mcallen.the court hidalgo county court edinburg.jude bobby flores 139th district court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I know that another judge in the 93rd district court.rudy delgado was given payments under the table by lawyewrs and defendants.he has been suspended so i feel that the judge in our court bobby flores and our lawyer is corrupt something isnt right i can feel it.

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
i want to know in the state of texas is it legal for our lawyer to hold back finalizing the court papers just because we havent finished paying the rest of our fees to her.eventually the court docket will be questioned by the judge as to why nothing is happening with the case.
surely she has to file the last lot of papers to allow us to get our children out of school because the first restraining order that her ex made is still on the kids school system and until the papers are recieved and signed by the judge the school wont let us take the kids out for appointments even though there with us now.
Customer reply replied 4 months ago
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Answered in 17 hours by:
3/17/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,381
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Questions:

my question is this. our lawyer refuses to file papers because we owe her the rest of the fees. about 3500 dollars. the judge in february asked our lawyer why was the court docket just sitting there and nothing was happening and she told the judge that we need to finish payements. my question is. is it legal waht our lawyer is doing shes kind of blackmailed us

Response: No it is NOT legal. The Judge cannot let Attorney neglect a case for nonpayment of the Client. I am shocked that the Judge would let the Attorney off the hook under the circumstances. Generally, when Attorney and Client have issues with payment, the Attorney would file leave to withdraw from the case. A hearing would be held and the Judge would make a decision whether or not let the Attorney off the hook depending on the status of the case. If there is only step left in the case or the case is approaching a trial, the Judge would generally refuse to let the Attorney off the hook. So, I am quite shocked by the action of the Judge in this case.

You should seriously consider filing misconduct complaint against the Judge and the Attorney in this case. Click on the links below for more information

Texas Judicial Conduct Complaint form

http://www.scjc.texas.gov/public-information/complaint-form/

Texas Attorney Discipline

https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656#How

You should see the assistance of legal services in your area to review the docket and file the final papers in the case.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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