Legal Question in Family Law in Texas
If there is a Motion for Mediation in a Modification for Child Support through the Attorney General, can the non-custodial parent's attorney dictate who the Mediator is for the service? The Mediator she has selected is not affordable to me. I would prefer to use the Dispute Resolution Center, (which is affordable) and the attorney and Mediator have objected to my cancellation of the appointment with them.
1 Answer from Attorneys
No one, other than the judge, can "DICTATE" who the mediator is.
If there is a motion for mediation, there should have been a hearing on that motion. At the hearing, you should have been given the chance to object to the mediator on the grounds that you cannot afford that mediator's fees.
If the above process was followed, then once the judge signs the order, it's pretty much a done deal. You could file a motion to reconsider appointment of mediator and in support of your motion show the court that you cannot afford that mediator and ask the judge to appoint a new mediator, such as DRC.
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