Legal Question in Family Law in Texas
custody\visitation
i live in texas and was under temporary orders for two years with visitation to my son very limited, not even standard texas visitation. i missed the final hearing, and now the final orders stand with very limited visitation.all i want is the standard and she doesnt want to do that to spite me so am i in for a huge battle just to get my boy every other weekend?
2 Answers from Attorneys
Re: custody\visitation
Unfortunately, not being present for the final hearing was a serious setback. If the hearing was within the last 30 days, hire a lawyer immediately to see about getting this set aside, or preserving your appellate rights (if any grounds exist). Whether it not it will be a huge battle, is impossible to predict, but it will probably be very difficult.
Re: custody\visitation
When you don't show up for the final trial, the assumption is that you don't really care what happens. I understand that may not be the case in this situation, but the time to have fought this was before it was finalized. Now you will have to start over and ask for a modification. It's not going to be easy or cheap.