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What to expect?

Started by cowboy crazy, Apr 07, 2005, 09:16:53 AM

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cowboy crazy

We are filing for a change of custody in May (Texas) when my oldest step daughter turns 12.  She is very adament about wanting to live up here and we have tons of stuff documented and recorded with the ex and her refusal to co parent or support a good relationship between my husband and the girls.  We live in Indiana they live in Texas - My questions are this:

#1 After we file what should we expect to happen at the first hearing?
#2 The girls will be with us for the summer when we file this motion, how will they go about talking to the Judge and or the Amicus Attorney? We are really going to push for this to be final before school starts next year.
#3 Once we get to the end, will the Judge give us the final decision in court or we will have to wait and then she will contact the attorneys?


Thanks!

socrateaser

>#1 After we file what should we expect to happen at the first
>hearing?

Court will look at the pleadings and testimony to see if there is clear and convincing evidence of a change in circumstances affecting the children's best interests.

>#2 The girls will be with us for the summer when we file this
>motion, how will they go about talking to the Judge and or the
>Amicus Attorney?

If the children wish to testify, then they must be present at the hearing. So, the direct answer to your question is that the children can file a sworn affidavit of their wishes, and/or you could video them and ask the court to review the video. But, ultimately, the judge will want to question the kids, and/or he/she will appoint an evaluator/GAL to examine the children and report back to the court.

>#3 Once we get to the end, will the Judge give us the final
>decision in court or we will have to wait and then she will
>contact the attorneys?

Every judge and court and county and State has its own rules, so I can't answer your question.