Legal Question in Family Law in Texas

Jury Trial/Custody Dispute/Need info ASAP

Filed in July 99 after fleeing the family home with my daughter(11).Marriage lasted 15 yrs and after documented physical abuse(pix)& years of emotional abuse, my daughter & I left. Grounds were "cruelty". Judge awards me temp sole custody,substantial SP/CS,Standard Visitation for dad. Oct.99, stbx changes lawyers, asks for custody, demands jury trial, accuses me of adultery (with no proof). The original temp orders had a cutoff of Jan 15, 2000, because everyone believed things would be settled by then.He has payed zero since Jan 15, admitted in a deposition that he physically abused me, & my daughter signed the affadavit saying she wants to live with me.We are due back in court in a couple of weeks to try and get an extension on the temp support.My stbx says he'll pay only if my daughter will spend Wed nights with him & Sun nights with him which she doesn't want to do and is prepared to testify as to her wishes. Daughter is thriving, doing well in school and happy living with me. Can a judge dismiss a request for a jury trial as "friviolous" or tell the opposing attorney he is abusing the system based on the above facts?Can he tell the lawyers to move forward with the divorce settlement and forget about a jury trial?


Asked on 3/05/00, 6:04 pm

1 Answer from Attorneys
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Jury Trial/Custody Dispute/Need info ASAP

No. Parties have a right to a jury trial. I suggest that

you move for additional temporary orders with no

expiration date.

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Answered on 3/20/00, 2:46 pm


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