Legal Question in Family Law in Texas
I have a tro hearing on Thursday. I called LANT and they said i dont qualify. What sort of reasonable payment plans do you offer. My soon to be ex does not have a lawyer but is being ruthless. Backstory (short version) Married for 12 years this December 15th; together for 16 years. Custody of four daughters is absolutely being contested by me. Seperated July 2011, my daughters and I stayed in family home. Husband would only give child support supposedly in form of paying rent and bills of family home. He helped pay some of my dr bills such as 35 dollar copays occasionally (suspected lymphoma and multiple other health problems) He stopped paying bills and my mother had to pay for that in order for us to live. (He would pay rent of the family home which was falling apart) When electric and water got turned off, my daughters and i had to move in motel. (June 2012) Husband refused to help at that point with anything. I threatened to go to attorney general; he made it seem as if he loved me and we would eventually get back together. I didnt file for child support. He (since July 2011) would never see kids..i had them 24/7. He was emotionally abusive and strangled me in Feb 2012. He wouldnt give cash for kids when i moved in motel. Zero support. I got caught shoplifting school supplies and school clothes Sept 10, 2012. Went to jail. Released on pretrial bond on Sept 14th. Cop (who thought it was funny that the supposed "deadbeat dad and abuser got to take kids as i was getting arrested) called cps. Husband now has kids. Cps findings of abuse: unfounded. Cps findings of supervisor neglet: founded. Husband is being cruel. Filled divorce last week and tro. Now (since cps/fbss is involved) i cannot go into detail about any abuse he had towards me..dont want to lose kids to state. Cps knows he strangled me in feb, thats it. Husband wants sole custody and child support. I am now living with father and dont get to see kids but one hour a week with sister supervising. Am devestated. Cannot pay huge retainer. Need lawyer to work with me on reasonable payment plan. Husband has dug through trash, turned in some supposed note to judge that i wanted to see my medications for money, and even made it seem like a scam when i asked mother of my childrens friends via email with some help with my oncologist appts. He had me in family home when i only wanted some food and refused to help unless i had sex. He talks about me to kids saying i dont love them and that im some druggie. (I have and will test clean for any and all drugs...not some druggie or something) He has my kids...this tro will determine temporary custody etc...I had those babies every hour of everyday the whole time we were seperated..it was ME who was at every conference and every softball game. He wouldnt call for weeks. HE didnt give any support from June on as punishment for moving out of the family home due to disconnected utilities. And he thinks this is all hilarious. "Better lawyer up girl..cause im destroying you in court and destroying your life. These are my kids now. Better pay up. I dont want you, Jackie. You are a fat disgusting worthless retard". I have no help. On my own, i did he checked the box that he did live in collin county and essentially lied through hid teeth in his affidavit. However, is him simply checking that he lived in county reason enough for dismissal? Now i KNOW he can file here since i lived in collin county over 90 days, but he checked that he did and than checked i did. I would much prefer to get it dismissed and than file myself therefore being the petitioner and being able to tell my side to the judge beforehand. I would also like to add my judge is a african american woman; i have many texts of him talking negatively about African Americans even stating "I would disown my daughters if they married a nigg*r." Do i bring that up? I was horrified when he stated all these things. (I didnt know he was racist until we married and he started calling me a human discrace even stating my possible cancer and other major health problems are because im not purely white as he is...his version of white being from england and coming over to America on mayflower etc) Anyways, I am torn as I dont want to lose kids to Cps by bringing up all his emotional and at times physical abuse. He told me to say i was on drugs and did all the nasty things he put in affidavit.
1 Answer from Attorneys
I only mediate these days. Please don't call me.
I can't tell where you live based on your zip code.
I would go to www.avvo.com & try to find an attorney. You cannot afford a board-certified attorney so don't even waste your time calling them. They are too expensive. Many attorneys offer a free phone consultation so call around and see what they would charge you. Most attorneys offer payment plans.
You need to get organized before you start calling around -- so write down your thoughts. This long one paragraph question is far too hard to read. Your "short" story is far too confusing -- get more organized in your thoughts before you start calling attorneys.
I would also suggest that you call Patricia Bushman at 713-807-9405.
Pat's first appointment is FREE and she takes payment plans. I rent space in her office. She won't talk to you on the phone. Her rates are competitive. She is in court a lot & is not afraid to fight for you. She is tough! I would call her office Monday and get her first appointment. She will go outside Harris County for cases. I have no idea what her calendar looks like since I don't work for her.
Unfortunately, your situation is more common than you realize. If he controls all the money then he could be ordered by the judge to pay your legal fees.
I don't know why you even mention CPS, they don't want your kids and it does not sound like anyone has called them. They only get involved if someone calls them & even then the children have to be in serious risk to be removed from the home.
I don't understand your reasoning for wanting this case dismissed. You just need to file a counter-petition. He's already paid the filing fee so just talk to an attorney & get this case moving. You need to get some money coming into your home.
Good luck!
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