Legal Question in Family Law in Texas
My wife has 2 kids, before we got married, she doesn't have custody of them, their dad does, however, the kids live with their dads sister and have been doing so for the past 4 yrs, we want to get custody of them, the sister wants to do mediation, and on the papers from her lawyer it says that if we do not come to an agreement any further attorney fees on her part have to be paid by us, is this mandatory? let's say we don't agree on her mediation (Because she wants to keep their custody rather than giving it to my wife which is their mom), do we have any chances on winning this case?
1 Answer from Attorneys
Attorney's fees are awarded by a Court. The sister's lawyer does not get to determine whether or not you have to pay attorneys fees.
You should plan to go to the mediation; this is very important to your case, even if you don't think there's much chance of making a settlement. The reason it's so important is that the Judges figured out, about 25 years ago, that mediation is a system that cuts their workload by 25% � because the Judge doesn't have to sit through as many trials. You don't want to show up at trial with the Judge believing that the reason the case did not go to mediation is you.
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