waiting for orders and future litigation...

[ktarra617]

What is the name of your state? TX

we are still waiting for new orders, however my stepchild is already asking what age will the court take their opinion into consideration.

I know that the age in Texas is 12.(the child is 9 so we have a few years)

As we have never gotten final orders on the last hearing will that preclude us from filing anything in the future should we choose too?

We are wondering because our attorney is telling us it could be a long time before we have orders....

 

[ktarra617]

anyone????

 

[VeronicaGia]

My worry would be filing a modification to an order that hasn't even been signed by the judge yet. I wonder if they'd get crossed in the court, the mail, or something.

Maybe I just worry too much, but I would worry it would cause confusion.

 

[ktarra617]

my concerns exactly!

we are worried that we would be filing to amend an order that isn't really final yet....

 

[VeronicaGia]

I personally wouldn't do it. Plus, wouldn't you have to prove a change in circumstances to change the order already? Can you appeal the order? (Since there isn't, in effect, and order, I don't know if you can???)

It might get sticky......JMHO

 

[ktarra617]

no there is nothing to appeal it was a simple of case of mom v dad and the judge was a mom's judge so dad lost....

what the problem is we were told that unless mom tries to leave the current county to which the child is restricted that our next opportunity to try for custody of the child is when the child is 12 and can sign a child's affadavit stating who that child wants to live with....

my stepdaughter is beginning to realize that her mother is not going to let her see her father anymore than what the court orders say....

she flat out asked out last week why mom won't let her see her dad anymore. We said that we didn't know why. She then said that her mother told her that the court papers determine how much she sees her daddy. In other words her mother is too chicken to admit to her daughter that she doesn't want the child to see her father anymore than mom has to allow...

We had to explain the truth to her and maybe that wasn't the right thing to do but we are not going to perpetuate her moms lies....

We are afraid that her attorney is stonewalling us by not having the orders drawn up to prevent us from filing anything else in the future, but I guess the flipside is mom can't file for anything else either....

or else she hasn't paid her attorney....don't know which....