Legal Question in Family Law in Texas

small claims court
I am being sued in small claims court for att. fees from a former suit. I was trying to get my grandparents rights back in place.They are suing saying my formerlawsuit was frivolous,without merit and baseless. I hired an att. to get to see my grandchild in my home. His real father is deceased. I dismissed the suit because they were letting me see him after I hired an attorney. Now they are suing me 2150 for their att. fees. Should I tell the judge that this is in the wrong court. I understand that small claims dont handle matters of family law. Is it true this should be resolved family court? The former case has been dismissed.Sorry this was so long. Thank You,---

Asked on 12/13/06, 11:19 pm

Fran Brochstein Attorney & Mediator

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Re: small claims court

If you were the parent of the deceased parent of the child, the Texas Family Code gives you standing to sue.

Therefore, your case was not frivolous.

Yes, I believe that small claims court is not the proper court for this issue.

You will need to bring copies (I think the Judge would prefer Certified copies) of the documents from family court to show that there was a lawsuit.

Good luck!

Merry Christmas!

Answered on 12/22/06, 6:14 pm

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