Legal Question in Family Law in Texas
Rule 11
my daughter entered into an agreement with her ex, giving him 52% custody of the children and her 48%. They filed the rule 11, then his lawyer quit. he has been trying to change terms of the agreement and refuses to abide by the possession standards. My daughter's attorney has not been very helpful, basically just shrugging her off. Supposedly she has not heard from his new attorney, but doesn't seem to have made much effort. the only advise she gave durring the custody battle was to be ''nice'',,,the other side was not. can we rescind the rule 11. It has been almost 2 months since he took position of the children and progress has come to a complete stop with him arguing and trying to back out of what he has signed off on. How can we force him to move on and bring this painful stressful process to an end?
1 Answer from Attorneys
Re: Rule 11
You cannot force another party to a lawsuit to do anything. If the agreement has broken down, and is no longer a viable option, then your daughter has to consider what remaining options she has. One of them is to get a trial setting, and prepare for trial. In order to be properly advised, she needs to sit down and thresh out her situation with her attorney. If she is dissatisfied with her representation, and cannot resolve those differences, then she can get a new lawyer. Good luck.