Legal Question in Family Law in Texas
jury trial on standing based on fact
Can I request a jury trial on the issue of standing based on fact not law after judge issue an order giving them standing based on law? Can I request this be held in a federal court? I do not believe I can get a fair trial in Ft Worth, TX ? Judge issued an order giving foster parents standing after cps nonsuited with recommendations that child stay in my custody. They never should have had this child in the first place. There are two cps case workers recommending that this child never should have been taken from me in the first place. Jury Trial set for 2-17-06 for sole managing conservator from foster parents to try to seek private termination after I won unanimously the first time?
Looking for case law that states standing goes away when cps nonsuits? Obviously in a court above ft worth local family court .
Looking for a legal malpractice attorney as well. I have witness to my last attorneys misrepresentation. She went to court and said I wanted a relationship with the foster parents. This is incorrect. I want them out of my life.
1 Answer from Attorneys
Re: jury trial on standing based on fact
"standing" is an issue of law decided by the judge - not a fact issue. You can't go to federal court because the federal court has no jurisdiction over the parties or the legal question. These can be difficult concepts to understand if you haven't studied them or worked with them. If the custody of your children are in the balance, you might try to find a better lawyer. Perhaps the other lawyer said you would have a relationship with the foster family to make it sound better for you. This is one of those advocacy statements a lawyer makes to benefit his/her client. Good Luck
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