Legal Question in Family Law in Texas
Where can I find justice (and win)...
I have a divorce pending in Texas that has had no action on it for over a year. There has been no answer submitted because my attorney said it would be best not to answer seeing as it may place it on the calender. I have custody of our 2 yr old son from the time we seperated well over a year ago. I have filked for child support and full custody in NY. I was married here and was a resident before our move. I have been in NY for over a year, in addition, I have never changed residency. (My husband was able to file because he is military and established domicilary). With the divorce pending, who has jurisdiction over the child? If it is Texas, how do I get it out of the courts there. Please help.
3 Answers from Attorneys
Re: Where can I find justice (and win)...
If you have custody of the children, why don't you just proceed to trial and obtain a final order. As long as the divorce proceeding is pending in Texas, then you cant file in New York. It would be faster to just proceed here unless there is some reason for not finishing the case in Texas.
If you have any questions, give me a call.
John Pfister
972-712-9208
Re: Where can I find justice (and win)...
I agree that you should get another attorney. You should certainly proceed with the child support and custody here. Because the child is in NY, the court here will have jurisdiction over the child.
You should also look into Texas law. Your divorce may not actually be pending anymore, it may have been marked off the calendar. Or, you may already be divorced, because your husband has proceeded with the action in spite of your default. Not answering the action in Texas was not a wise thing to do, and I am sorry your attorney told you to do this.
If you would like to discuss this further, please call my office at 845-362-0387.
Re: Where can I find justice (and win)...
1.Tell your attorney you want a final hearing in 90 days.
2.If you receive any response other than yes ma'am, fire the attorney and report him (her) to the State Bar Grievance Committee.
3. get another attorney who will set your case for final hearing.
4. If you want temporary orders in the meantime for custody, support and visitation, discuss this with your attorney.
5. TAKE CHARGE OF YOUR CASE AND FIND AN ATTORNEY WHO WILL WORK FOR YOU.
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