How long can a motion to modify last?

Business 4 views 3 answers
I've been attempting to modify our visitation for a year now and there is no end in sight. My ex fled the state and had to stay in that state for a year on cps case. I went up there and they said I had to have supervised visits w our daughter pending investigations. I had to move back and I still Skype her twice a week and then cps closed the case and my ex hid our daughter and I went to the court for help but instead she got an atty and they made temporary orders wher my ex said horrible things about me and the judge said I get 1hr week supervised and we have to get a psych eval before we can proceed. I cannot afford an attorney or the 1800 for the evaluation. I have been told that judges don't take supervised visits lightly and they are only ordered for very good reason other than accusations. The gal seems to be on board w whatever ex and atty ask and everytime I file a motion to have the hearing they motion to continue. Isn't it unconstitutional to order services a party cannot afford. Shouldn't they need a solid reason to restrict visits and order an eval other than ex accusations? I've spoken with legal aid and they only help battered women when it comes to family court.

Attorney Answers

3
Dorothea Laster ·
I think so. And the Texas Supreme Court has made orders AGAIN telling District Judges not to order people who are indigent to pay these fees. You need an advocate to drive it home. Try Legal Aid for representation if you meet their financial criteria or Father's For Equal Rights to help you represent yourself (214) 953-2233. When the Judges don't get it they really don't get it. A Dallas Judge ordered the indigent mother of three minors on food stamps to pay $500 in social study fees. It took three trips to Court to get that order fixed. And even when the Judge modified the order said, well I just think having them pay something gives them a stake in the game--like custody of her children didn't give her a stake in the game. Until poor people pay attention and hold these Judges accountable at election time nothing will change.
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Robert Leonard ·
You do need to speak with a local family law attorney. It is true that courts are serious about protecting children and that supervised visits are part of that. You may be able to find an attorney who does pro bono legal work. If there are hard costs, such as a psychological evaluation, filing fees, service fees, home study fees or expert fees, those will be paid directly by you. Legal Aid typically handles a variety of cases. In the meantime, be sure to exercise every visit and keep a good log of any interactions with the child or the other party.
0 upvotes
Thomas Baker ·
Do you have family law counsel? You need counsel if you do not have one. If you do please work through that professional exclusively. You must get counsel, or the dismsal process you are enduring will probably not improve.
0 upvotes

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