Legal Question in Family Law in Texas

I am in the middle of my 2nd custody battle. I have primary custody. My ex has gotten my son to turn on our whole family and has secretly been building a false case against us citing abuse, neglect, etc. None of which is true. I have been going through this for 5 yrs with different lies being thrown at us, so I'm used to it. But now our son is telling the lies too. I am re-married and have a 2 yr old son with my husband. The boys get along great and my oldest always seems happy and loving towards all of us, even my husband. Yet he tells his dad a totally different story. I have run out of money to pay my atty after 5 yrs of this constant battling. He is about to quit on me. What are my options? My ex has an endless supply of money. I am willing to mediate to end this heartache hopefully, but my atty says its too late. Can I call my ex's atty? Do I show up at court with no atty? What happens then? We have a temp orders hearing next week and our final court date 4/12. What do I do if I don't have an atty?


Asked on 3/13/10, 6:57 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. Until your attorney formally withdraws, he is required to show up in Court for hearings (unless he has a valid schedule conflict). He can't just "walk off the job" because you didn't pay an invoice.

2. After he does withdraw, you have the right to represent yourself in court. You can make announcements, ask for continuances (you have to do this in writing), cross-examine witnesses, propound discovery, etc.

3. Ask your attorney to explain why it's "too late" to mediate. My guess is that if you asked the Judge to order mediation, he would.

4. If you call your ex's attorney, he won't talk to you, not while you are officially represented by counsel. It would be a breach of ethics.

5. It's a custody fight? If the final hearing (now set for 4/12) is continued, and you have a 30-day window before the trial, PAY A JURY FEE. That will give you plenty of time to get a new lawyer, prepare for trial, etc. In fact, go ahead and pay a jury fee anyway (go to the District Clerk's office with a letter that references the case; the letter says, "I am the [Respondent] and I demand a jury trial." Pay the $30, just in case the trial IS reset.

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Answered on 3/18/10, 9:19 am


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