mommyof2girlstx
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My divorce decree was issued on 30 July in Texas, however the judge wrote that it's not final until 12:01am in 6 August. My ex did not notify me of the hearing and said his lawyer never received my answer to the petition for divorce. My ex got everything including custody of our daughters. I have a lawyer and we are fighting this but don't have a court date until the 13th of August. My lawyer advised me to take our daughters and hide until our court date. Is this legal???
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gr8Dad
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Reged: 06/07/04
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"My ex did not notify me of the hearing and said his lawyer never received my answer to the petition for divorce."
If you were not LEGALLY served for the hearing, you will have grounds for an appeal. Now, if you or your lawyer WERE served or notified (and he or his lawyer will have the paperwork if someone was notified, its called proof of service), you are out of luck. Even if your LAWYER was notified, but didn't notify YOU, you would have a legal malpractice case against your lawyer, but the order would still stand.
On the answers to the petition, did you fill them out and return them?
"I have a lawyer and we are fighting this but don't have a court date until the 13th of August. My lawyer advised me to take our daughters and hide until our court date. Is this legal???"
No. You will be charged with CONTEMPT of COURT. And it will be a BLATANT and INTENTIONAL violation, and will hurt you in the long run. The ONLY way you MIGHT be able to justify this is if you fear for the safety of the children while in his care, and that fear needs to be backed up with CONCRETE evidence such as CPS/DYFS reports, police reports, medical records, reports from a therapist, etc.
Honestly, we are talking about a WEEK, so what is the harm in turning them over to him, and waiting the week to go back to court and m,ake your case?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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mommyof2girlstx
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Reged: 08/03/12
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My lawyer nor I were notified in any way about the hearing.
I did fill out the answers to the petition and returned them to his lawyer.
Ok I figured it would be contempt of court. I know it's only a week but he doesn't bathe them. They were at the river on saturday and both got badly sunburnt My youngest got a UTI last weekend in his care and I had to take her to the ER for it. They don't want to live with him but as they are only 9 and 5 they have no say in the matter.
I do appreciate your response so thank you.
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gr8Dad
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Reged: 06/07/04
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Nothing you have listed would meet the requirements to keep the kids.
I have been in the situation you are in. I had my children, we went to court, the judge gave her custody, and I had to turn them over. In the end, CPS took the kids from her, and I got custody. It took a few months, but it worked out.
All I can offer is that if you are in Wichita County, Bruce Martin is about the best family law lawyer in the area.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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mommyof2girlstx
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Reged: 08/03/12
Posts: 7
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Yeah that's pretty much what I figured. It will kill me to let him take them but I have no choice right now.
Thank you. We are in Bexar county in San Antonio.
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M5M5
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Did you file your Answers to him with the court? Or did you just send them to his attorney without filing in court?
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mommyof2girlstx
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I sent them to his lawyer.
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M5M5
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In answer to a petition, you should have filed it with the court and then sent it to his lawyer. I've never heard of just sending your answers without filing them first in court. Normally, once they filed a petition with the courts, you have a certain amount of time to respond...normally 30 days...and by respond, that normally means filing it with the court. This may be why his lawyer is saying he didn't receive a response from you...because it was not a legal response filed with the court.
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mommyof2girlstx
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Reged: 08/03/12
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There was an addressed envelope to his lawyer with the petition. That's why I sent it to him.
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mommyof2girlstx
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Posts: 7
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What if my lawyer has already gotten a court date to fight this?
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