Legal Question in Family Law in Texas

Re: Mediation vs Divorce Court and cost of lawyers

First of all, it is extremely difficult to assess a child custody case with so little information provided.

Know that ALL child custody cases are very emotional and very complicated.

There could be many legal explanations for the result of the recent contested hearing. They may be legal reasons that your daughter is too upset to understand. It is even more difficult for you to clearly assess the situation from long-distance.

Mediation is required by judges in the counties I practice, prior to setting a case for final trial.

Many, many times a party participated in mediation, convinced that it would be pointless, when in fact, both parties gave a little (or a lot), and were able to reach an agreement.

It is rarely a waste of time, inasmuch, at least the attorneys learn more about the other side's positions, and are better prepared for trial.

Since everyone has so much invested in this case at this point, it is a good idea to first see if this attorney-client relationship can be rescued. If not, at least leave on good terms, so that there is cooperation with the new counsel.

Re: Mediation vs Divorce Court and cost of lawyers

You obviously favor your daughter.

However, the courts assume that each person is a normal, reasonable person until proven otherwise.

Additionally, she married him and had children with him. If he was such a bad person, then why did she stay with him.

You have only heard one side of the story. In divorce there are at least 2 sides and usually there is at least one other side to every story.

Your grandchildren are Texas residents. Your daughter is free to leave the state and leave wherever she wants. However, the children are going to remain in Texas.

It is the policy of the State of Texas for children to leave near both parents. It is NOT in the best interests of the children to be uprooted and removed from their schools, friends, and other parent.

Additionally, mediation is required in the State of Texas.

You can go to the Houston Bar Associaton website -- I believe it's www.hba.org and read a free pamphlet on-line under family law.

Lastly, it is both parents obligation to support their children. Whoever gets custody will get child support from the other parent. For example, if the father gets custody, the mother will have to pay him child support based on her income. If she does not work, then minumum wage child support will be ordered.