Custody Battle Legal Concerns

Summary

Misrepresentation of parties and conflicts of interest in legal documents can impact custody cases in Texas. Accurate names and roles are crucial. Filing a motion to correct errors is advisable. A lawyer cannot represent both parties due to conflict of interest. Documenting missed visitations is important, and theres no specific waiting period to report non-use of visitation rights. Consult a local attorney for tailored advice.

Full Conversation

I am in a custody battle at the moment, and the other parties lawyer filed the counterclaim and there is a lot of typos and I mean a lot of typos that I feel like would make it difficult
Hello Mary, it's unfortunate to hear about your situation. Can you clarify if these typos affect the meaning or interpretation of the counterclaim? Also, may I know which state you're in? Laws on these matters can vary by location.
In the suit they filed for the child but they didn’t use his legal name,
Hello Mary, the use of a wrong name might affect the legitimacy of the case. Could you please tell me which state you're in so I can provide more accurate information?
Texas
Hello Mary, it seems you're dealing with an important issue. In Texas:
- The name used in a legal document should be accurate.
- Filing a motion to correct can address this.
- Consult a local attorney for detailed advice.
Remember, this is general guidance, not legal advice.
Okay in the suit the other party is listed as the grandmother and mother of the child when I am the mother and she is the grandmother
Hello Mary, in Texas:
- Misrepresentation of parties involved can be grounds for dismissal.
- You can file a motion to correct this.
- Get legal advice for your specific situation.
Remember, this is general guidance and not legal advice.
the other parties lawyer also listed himself as my lawyer
Hello Mary, that sounds like a conflict of interest. In Texas, a lawyer cannot represent both parties in a dispute. Are there any documents that confirm this? Remember, this is general advice and not legal advice.
On the suit he states in the beginning he is representing the other party but when he signs the suit he signs stating he is my lawyer
Hello Mary, in Texas:
- A lawyer can't represent both parties due to conflict of interest.
- If this is true, it might invalidate the counterclaim.
- You should consult with a local attorney immediately for advice.
Remember, this is general guidance and not legal advice.
Thank you
You're welcome, Mary. Please don't hesitate to reach out if you have any more questions. Remember, getting a local attorney for your specific situation is highly recommended. Take care.
I have a question for a different case
Of course, Mary. I'm here to help. Could you please provide me with details about this different case you need information about?
In this case the other party only has supervised visitation through a paid third party that is approved by the court, the other party has not used any of her visitation, and now the amicus wants to wait so she can supervise the visits as well, how long do we have to wait for us to file to the court she is not using her visitation?
Hello Mary, in Texas:
- There isn't a specific waiting period to report non-use of visitation rights.
- Documentation of missed visitations is crucial.
- Consult a local attorney for tailored advice.
Remember, this is general guidance and not legal advice.
Even if it’s been almost a year
Hello Mary, even if it's been almost a year, in Texas:
- There's no set time limit to raise this issue with the court.
- Documenting missed visitations is important.
- Consult a local attorney for personalized advice.
Remember, this is general guidance and not legal advice.