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Post-Mediation - No Final Order

Discussion in 'Child Custody & Visitation' started by FamilyMan, Apr 10, 2020.

  1. FamilyMan

    FamilyMan Law Topic Starter New Member

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    Jurisdiction:
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    Hello All,

    Mediation was completed regarding a child custody case in Texas. The result of the mediation was not favorable for Dad but an agreement was made at that time. In that agreement, it was clearly stated that Mom's counsel was to draft the final agreement and present it to Dad's counsel. Then, Dad's counsel had 7 days to review and file with the court. There was no deadline set for Mom's counsel to complete this action.

    Almost 2 months later... Mom's counsel has not yet sent the final to Dad's counsel. Dad's counsel told Dad that after inquiring of Mom's counsel and hearing nothing back for a very long time, they thought it was better to get a resolution to your case rather than keep it stagnant.

    Do you all feel that it is wise of Dad's counsel to proceed or would it be better for some, unknown reason to me (Dad) to leave it be. Of course, I realize that the lack of details in this question can certainly have an effect on the final answer but I was hoping that responses would contain some general things one might want to consider in this situation.

    Thanks,
    Dad
     
  2. KatDini

    KatDini Well-Known Member

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    You have an attorney whom you are paying to take care of these matters, who knows the workings of the local court way better than would a bunch of strangers on the Interwebs. What did your attorney advise you to do?
     
    leslie82 and justblue like this.
  3. FamilyMan

    FamilyMan Law Topic Starter New Member

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    I have not asked yet as my attorney is quite expensive. I would like to see if there are any obvious things to watch out for.
     
  4. justblue

    justblue Well-Known Member

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    It would be irresponsible and unethical of the members here to advise you as you have an attorney.
     
    leslie82 likes this.
  5. adjusterjack

    adjusterjack Super Moderator

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    Get it over with. It's going to happen her way anyway.
     
  6. army judge

    army judge Super Moderator

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    It is USUALLY a poor choice to proceed to mediation over child custody and/or visitation in Texas when our constitution allows a party to demand a jury trial.

    Either parent can ask the presiding judge to waive the mediation requirement if there’s been family violence or if mediation is otherwise unlikely to reach a mutually agreeable solution.

    Dear @FamilyMan were you and the child's mother married when the child was born?

    Was the mother married to someone other that you?

    If you and the mother were NEVER married prior to child's birth, did you establish paternity through the use of genetic testing?

    Finally, has a child support order been issued through the courts?
     
  7. justblue

    justblue Well-Known Member

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    Texas has jury trials for custody cases? As in a dozen (there about) citizens decide?
     
  8. mightymoose

    mightymoose Moderator

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    What are you wanting to achieve? The answer to that should help determine what to do.
     
  9. army judge

    army judge Super Moderator

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    Yes, that is a specific right granted to all through our Texas state constitution. It applies to all cases, criminal, traffic, misdemeanor, and civil.

    The size of the jury depends on the court, either 6 or 12.

    If I recall correctly, PA allows it, too.
     
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  10. justblue

    justblue Well-Known Member

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    Wow. I wouldn't want 6/12 ordinary Joe's/Jane's deciding what is in the best interest of my kiddo....I mean what if you end up with 21 year old frat boys filling the jury seats?? Yikes!
     
    army judge likes this.
  11. zddoodah

    zddoodah Well-Known Member

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    That depends on what he or she intends to do, but I do agree that two months is too long to wait for a written agreement following a mediation.
     
  12. army judge

    army judge Super Moderator

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    You don't have to CHOOSE a jury trial.

    You also retain the ability to challenge potential jurors because we all have the RIGHT to have a jury that is fair, balanced, and one composed of our peers!

    Why would anyone trust her/his future to a dried up, old methane gaseous emission like ME?

    Many would say that a millennial frat boy, sorority princess, or unemployed gaming dude/dudette residing in mammy's basement would be far more receptive to a person's issues than a dried up, old methane gaseous emission like ME!

    The good news is that in TX and PA you can choose.
     

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