Legal Question in Family Law in Texas
if a judge hears a motion to confer with the children and defers his decision on this motion until the time of the actual hearing where one provision in the parent-child relationship with the non-custodial parent is being contested, how do I document this with the court in terms of a follow up "Order on Motion...". Do I document that the judge will delay his decision on this motion? I find the court has a very short memory and every motion that has been filed has had an order filed on the back end and I want to do the same with this.
1 Answer from Attorneys
You can only get an order signed if the court has made a decision. If the court has taken the motion, testimony, and argument under advisement and decided to defer making a decision, then it is not proper to present a proposed order for the court to sign. If the hearing on that motion was on the record, you can get a copy of the reporter's record as documentation that the court considered your motion and did not rule on it. Be sure an re-urge your motion later. If there is an issue of conservatorhsip and the child is more than 12 years old, the court must interview the child.
Good luck!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
