Legal Question in Family Law in Texas

Me and my husband were having marriage problems and his mom decided it would be a good idea to leave our child at her house. She said basically get your life in order and come for her in a month but you could still come see her whiles shes here. So we did. His sister then moved back in with her mom when she found out our daughter was there. She then said we were neglecting our child and would harass us with calling cps whenever we started saying we were ready to pick her up. She said she could do it in a hear beat and take our child away since she use to be a caseworker. She went to court and intervened in our divorce case that we were preparing to nonsuit and asked for custody of our child. The custody was granted to her because she lied . She said our daughter was with her for six momths and used a fake adress to serve me the legal documents of the court date of her intervention. So i didnt get to show up nor was i informed because i donot reside in that adress nor have i ever lived there. Other people have been living in that adress she wrote for many years . She also served my husband to his lawyer who withdrew from the case when they mentioned the intervention. So he didnt know as well. I have pictures demonstrating that i can go six months back to show she wasnt with her for that long i also have txt message of the harrasing . I went to court and showed the judge and he looked away and sent my case to a visiting judge. I havent seen my daughter for four months now because of the temp. custody that they gave her . She just turned a year old in April. Is there any way i can get a hold of someone other than the judge . Someone above him to show how corrupted the Court is being in Zapata Texas? Because the judge is related to the family.


Asked on 5/13/15, 3:13 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

File a motion to modify the temporary orders and show the judge how you were served at the wrong address. Also file a motion to dismiss the intervention for a lack of standing.

Once you file a motion, you must get a hearing date set by the court and then you must give the other side (husband and intervenor) at least 3 days' notice of the hearings.

You need a lawyer badly...maybe you and your (ex)Husband can afford one together.

ALSO: These are just temporary orders. Why not gather your evidence in a court-admissible form and then just set your case for a final trial? Do that QUICKLY!! (You have to give 45 days' notice of a FINAL TRIAL date as opposed to 3 days' notice for a motion hearing date.)

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Answered on 5/26/15, 1:57 pm


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