Legal Question in Family Law in Texas
My husband has been going through the process since December, with the courts, to get orders set for visitation. Our attorney petitioned the courts for temporary orders, in January. After the hearing, judge had our attorney draft the orders as final orders, not temporary orders. The other attorney would not sign the orders. But, she never made mention of the Temporary versus Final part of it. Our attorney set a court date to force her to sign. The other attorney did not show up for that hearing. Therefore, the judge signed the final orders, The other attorney has requested a new trial, due to a technicality of the Temporary Orders versus the Final Orders. We can no longer afford our attorney. And, my husband will have to represent himself. Is what she is doing, right? We feel that she is just trying to keep this going, because she defaulted. What law can we state that says she can't have a new trial?
1 Answer from Attorneys
Under the circumstances you describe, she is probably entitled to a new trial.
TRIAL vs. TEMPORARY ORDERS is very important. One is entitled to 45 days' notice of a trial. A setting for temporary orders is NOT a setting for a final hearing.
If the Judge called the case and said, "Let's just have the final hearing now," and both attorneys (on the record) said, "Okay," then it WAS a final hearing.
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