Legal Question in Family Law in Texas
Visitation SPO
My son is 2 years old and I was married by the time he was born to someone other than his mother. His mother told me she didnt want anything to do with me because I was getting married and her child didnt need to be around me. SHe file for child support and I got standard visitation. She moved and did not tell me where. She changed her number so I took her to court and went through a 6 month step up order that her lawyer was supposed to file and never did file with the courts. Now the 6 months is over but there were a few modifications that we made that would apply to modify the SPO. 2 Questions. 1. Which order do we have to go by? I have not been able to contact or have any communication with my lawyer since we last went to court and her lawyer had not filed the modification order. We signed it in December of 2008 and to this day it has not been filed with the courts. Does it still need to be filed since the 6 months is up and we did follow it?
1 Answer from Attorneys
Re: Visitation SPO
If your lawyer is paid, provide a sufficient retainer to cover the cost of the order, as it needs to be filed, with the previous six month dates; so that it is clear that the plan has been completed.
If you cannot get the current lawyer to act, then hire another lawyer to prepare the order, submit it to opposing counsel for signature. If not signed, then set it for a Motion to Enter.