Legal Question in Family Law in Texas

My sons father files a Original Petition in Suit Affecting Parent-Child Relationship and a restraining order against me on January 6, 2011. We went to court on the 20th of January and I asked for an extension because I do not have the means for retaining a lawyer. She reset my court date for February 3. I am still unable to get a lawyer, and my sons father is acting like he wants to work it out and we decide what we want for our son, but the minute his lawyer gets involved, he completely changes his mind.

I do not know what to expect and I don't know what to do. What is usually the next step in custody orders like this? And can they make me enter into an agreement without legal representation. Because his lawyer is wanting to just "throw me to the wolves" for some reason, but I don't have a lawyer and I feel like I am right when I say it's my constitutional right to have a lawyer when it comes to something like this.


Asked on 2/02/11, 1:13 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Number one, nobody can "make you enter into an agreement."

Number two, hire a lawyer. Now.

Number three, before you go to the courthouse tomorrow, call to make sure they're still having the hearing. The weather lately has caused school and courts to close.

Number four, you don't have a "constitutional right to have a lawyer." It isn't a criminal case.

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Answered on 2/02/11, 3:15 pm


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