Legal Question in Family Law in Texas

In a child custody case in a small town my daugher had a binder of text messages for evidence but they couldn't be submitted until all the dates were put on them. Also in the binder was other evidence like affidavits, parent plan, financial info. The father's lawyer gave his binder to the father to take home and go through after my daughter had asked for the binders back to fix and resubmit in 2 months when we go back. Is this legal? It's like stealing her evidence that doesn't even belong to the court yet.

Asked on 10/30/14, 6:35 pm

Fran Brochstein Attorney & Mediator

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Your daughter needs to prepare corrected copies of the binder for judge and opposing counsel.

I'm sure that opposing counsel will attempt to use her binder to hurt her case. She needs to know exactly everything she has included in the binder.

Your daughter needs to include her proposed "rights and duties" list in the binder too.

Ideally she needs a one page summary for the judge to use. Judges don't have time to go through every piece of paper in a trial.

I assume that your daughter does not have an attorney. She desperately needs one.

Look on this website and on www.avvo.com for an attorney in your county.

I hope this info is helpful.

Answered on 10/30/14, 6:42 pm

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