Legal Question in Family Law in Texas
Situation:
My husband filed a motion for modification for custody/visitation. The original order was filed in the county that my husband and I live in over 2 years now. During my husband's divorce, his ex wife moved away before it was final. So, the case is 2 years old, things have changed. So we filed the petition pro se, she of course, hired an attorney and they filed an Answer and a motion to have the case transferred to her new county where she has lived for 2 years with the children. To save money, we offered to do a mediation. The ex wife and her attorney agreed. But they still wanted the case transferred regardless, so we just decided to agreed to have the case transferred if they would agree to mediation. We received the documents in the mail to sign them, as I was looking over it, at the very bottom of the agreed order, it states "All costs, including certified or other copying expenses and postage, are taxed against (my husbands name), for which let execution issue.
I am confused as to what that statement means. I do not want to have to pay all the expenses to have the case transferred, especially since the ex wife is the one that requested it in the first place. I do not want to sign anything without completely understanding it first.
1 Answer from Attorneys
You can always line out the offending statement (it shouldn't have been put in there) and THEN sign the document. Shame on them for trying to slip that in, hoping you wouldn't notice.
But I would urge you to consult a lawyer before you sign this stuff - any of it.