Question

  07/09/12, 9:09 pm
Hello, My son's parents are making him take me to court to sue for custody. We don't have any court orders and were never married however he gets regular vistiation every other weekend plus whenever he asks plus 30 days summer time and all the holidays. However, my son is never with him. His parents pick him up and I pick him up from them. He's never met his teacher or been to his school, never been to a doctors appointment although my son has multiple health issues. he's not involved at all. His parents do everything on his behalf. I have a bunch of dcumentation such as his visitation days, health issues, shot records, phone records proving he doesn't call, witness statements, medications and more. His parents have hired him an attorney and I don't have the financial means to hire one myself. So, my question is, how should I prepare myself going into this one-sided? Is there anything important I should know/do? How much of an advantage/disadvantage do I have? I've tried legal aid but they have too many people asking for assistance right now and my court date ise just a week away, i was serves this past Saturday. Btw, my son has a brother from me and this is his only sibling.
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United States   |   Texas  |  Child Custody Law
Cost: Free

Answer

Fran Brochstein Says:

Jul 13,2012 8:02 PM

I would look on www.avvo.com for a cheap attorney to go to court with you. You need an attorney! Witness statements are not admissable - you need actual witnesses that are willing to come to court to testify! So bring some people to court with you are are willing to testify to the Judge about what they put in writing. Why is a witness statement not admissable? Because it cannot be cross-examined by the other side (their attorney). So therefore it is not admissable. Sorry! Bring the actual person to court with you. If you can only bring one person, then that is better than 20 witness statements!

A Legal Services Agreement must be signed by the attorney and the client before an attorney-client relationship is established. Fran Brochstein is only licensed to practice law within the State of Texas and her legal knowledge is only based on Texas law. If you live outside the State of Texas, please consult an attorney within your state. You are strongly urged to consult an attorney in person to discuss your legal situation.

I would look on www.avvo.com for a cheap attorney to go to court with you. You need an attorney! Witness statements are not admissable - you need actual witnesses that are willing to come to court to testify! So bring some people to court with you are are willing to testify to the Judge about what they put in writing. Why is a witness statement not admissable? Because it cannot be cross-examined by the other side (their attorney). So therefore it is not admissable. Sorry! Bring the actual person to court with you. If you can only bring one person, then that is better than 20 witness statements!


Fran Brochstein
Law Office & Mediation Practice of Fran Brochstein
8978 Kirby Dr,Houston, TX 77054
713-847-6000
http://www.familylaw4u.com

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