Legal Question in Family Law in Texas
Rule 11 agreement
My ex-husband took me to court for custody of our younger daughter, who is 12. He had legal aid and I had a paid layer. My lawyer told me that since my daughter is 12 there is no way I could win since she wants to live with her dad. Her dad is not a responsible father and only did this to stop paying child support. We signed a rule 11 agreement and I now feel like my lawyer was on his side also. I feel like I had no representation and want to fight further to get my daughter back. Please explain this rule 11 agreement and what my chances are in getting her back. I live in Texas and there are many more facts to my story, just not enough room.
2 Answers from Attorneys
Re: Rule 11 agreement
If you didn't agree with the Rule 11 Agreement, then why did you agree to it?
If this was just a temporary orders hearing, you will most likely have to wait till the Final hearing to readdress the issue of custody. It wont be easy. All cases turn on their facts. The choice of a 12 year old is just one fact. You can overcome that.
I suggest that you either revisit with your current attorney or seek a new one. The prior answer was right that these are expensive. However, for a final hearing, will be even more now.
Re: Rule 11 agreement
A rule 11 agreement is an agreement in writing provided to the court showing the terms of the agreement usually to limit litigation or to facilitate a resolution. Suggesting that your lawyer was on his side is not likely. He might have been lazy, but he was right that the 12 year old could tell the judge where she wanted to live. Most often that is in the best interest of the child. If you had evidence that the father was not responsible you should have shown it to your lawyer and insist that it be presented to the judge in an evidentiary hearing. These hearings are expensive. I presume you were prepared to pay your attorney the $3000-$5000 necessary to put on your evidence.