Legal Question in Family Law in Texas

Family law

Hello, My wife was married when we met, her husband was in jail for burglary. We became involved and when her ex-husband got out of jail he went back to jail for assaulting her and trying to take her car, this happened in front of her 6 year old girl. They have a 6 year old and a 2 year old together. He went back to prison for the assault and she divorced him and was granted a sole conservator of the children. He is now out and is living in another state and trying to petition the court for a standard possession order for visitation rights of the kids. He has a history of drug abuse. What are his chances of winning? Do we need to hire a lawyer or can we handle this ourselves? Thanks


Asked on 11/12/08, 2:01 pm

3 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Family law

I suppose you could handle it yourselves if you're an expert on the Family Code, the Rules of Civil Procedure and the Rule of Evidence - just to start. Of course, you might consider what will happen if you make a mistake or commit an error. Don't think that the judge is going to tell you that's OK, you're not a lawyer, I'll give you another chance. Judge's time is very precious and they don't like mistakes. Good Luck.

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Answered on 11/12/08, 2:21 pm

Re: Family law

You may fair better if you get an attorney. It sounds as though the facts are in her favor to limit visitation or perhaps ask for the visits to be supervised but you will likely need help in presenting these supporting facts to the Court. You can always represent yourself but your chances of winning increase significantly when you have someone advocating for you who knows the rules. Good Luck.

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Answered on 11/12/08, 3:45 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Family law

You definitely need to hire an attorney. The facts seem to totally favor your wife, so it would be a mistake to simply assume you can take care of this without legal assistance. I am board certified in the field of family law and practice here in the Houston area. Please contact me directly if you would like to visit more about these issues.

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Answered on 11/12/08, 5:41 pm


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