legal question need serious answers PLEASE?

Question

I have a friend that is in the process of a divorce she lives in arkansas but her soon to be ex lives in texas (dallas County) Right now he has there son with him and they were suppose to have went to court on it this week but he changed lawyers at the last minute so he could get a continuance. In the new papers she got today in the mail it said that there has been no guardinanship ordered for this child. But in her old papers from the other attorney it said that the father had temporary custody.. She is suppose to go and get her son tomorrow but in the old papers it said that she could not bring him to her residence and leave texas with him. My question is Since the new papers have been issued would the old ones become void? And second since it says in the new papers that guardianship has not been issued then doesnt that mean that either one of the could have him? And my last question is shouldnt she be able to take him to her house for visitation? Serious responses only

she cant afford a lawyer and we cant find any pro bono lawyers in our area

Answer 1

I would be cautious on this until she talked with her lawyer - issued or not, they may not be technically official yet, and then she would be in contempt and it would ruin her chances of any kind of custody as it would seem she is a flight risk with the child.
If there is no guardianship issued when the papers do become official, yes I believe she could try for that.

Answer 2

Each state law may be different. The new document is always the presiding one, the one to be followed. It takes a court order by a domestic court judge to order any custody issues, and until the final decree is drafted and signed before any order is permanent. It could be some trickery being used here, to get your friend to show up at her exs place or town so she can be served with other papers..Tell your friend to read it close and if needed call his attorney, best thing is hire her own. In custody and child support cases, where the child last resided ( home) is where the case with be heard at, as well where the child support payments will be determined. The clerk of the court has a copy of any custody or serving papers, as well your friend can call the clerk and ask what it all means for free. I have heard of this before in custody cases, to confuse her and then the lawyer goes to the court and says, hey she didn't even care enough to get the child as agreed or answer a new complaint, so call the court clerk, lawyers make the bucks for a reason, as well she and husband should get joint custody written in "legal separation papers", then the temporary custody is set. If the ex lets your friend take the child across state lines without written protection then your friend did nothing wrong and if she decides to keep the child then she as well needs an attorney in that state.

Answer 3

I am a Legal Writer, I'm a little rusty on divorce law, basically because it varies so much from state to state, I'll give you what I know in reference to her situation. What a mess!! First of all, the last official ruling was ordering the father temporary custody, which meant, that your friend could not leave Texas with the child, under any circumstance.In a normal case, the most recent ruling, would be the one to abide by. The second question, just means that the child is in limbo, or a ward of the state. Unless otherwise ordered by the court, visitation would take place with the custodial parent. I hope I've been able to help. GOOD LUCK!

Answer 4

Firstly a contract is a contract. The only way of breaking the first contract (papers) is to make a new contract, have them signed by both parties and the lawyers and judge etc. (so they are legal and its binding) So with the presence of the second contract, yes the first papers are now null and void.

If the second set of papers has no mention of guardianship/custody then yes both have equal custody which means either could have him. If there is no mention of whether the child cannot have visitation at the mothers residence in the new papers then yes the mother is in within her legal rights too as it hasnt been specified she cant.

Cheers

Answer 5

This is a tough one. She should get her OWN lawyer and not use his. His lawyer will do what is best for him and not what is best for her. I do know that in NJ you cannot take a child out of state without the other parents' permission. It may also depend on the age of the child. Older children sometimes get to say which parent he/she wants to live with. Again I say tell her NOT to use her husbands lawyer but to GET HER OWN!!!!!!!!!!!!!!

Answer 6

I WOULD ASSUME THAT THE OLD PAPERS ARE NIL AND VOID, MEANING EITHER OF YOU WOULD HAVE RIGHTS TO THE CHILD. ALSO IF IT DOES STATE THAT THE MOTHER HAS LEGAL VISITATIONS, BUT IS WRITTEN IN THE DECREE THAT THE CHILD CAN NOT LEAVE THE JURISDICTION OF THAT STATE, IF BROKEN SHE WOULD BE BREAKING THE LAW, NOW THIS IS IF WRITTEN IN THE NEW PAPERS. THE OLD PAPERS IT WOULD NOT MATTER. CALL AND ASK AN ATTY, DUE TO ALL STATES LAWS ARE DIFFERENT. BUT YOU DONT WANT TO HAVE A KIDNAPPING CHARGE EITHER. SO DO EVERYTHING BY THE LAW. SHOW YOUR ATTY THE NEW PAPERS. HE SHOULD HAVE GOTTEN COPIES OF THEM BY NOW.

Answer 7

Old papers are never null & void unless a judge says they are null & viod. She should be very carefull if she takes the child across state lines without approval of the courts she could possibly be charged with kidnapping even though it is her own child.

Answer 8

You better ask your Lawyer,I don't think you can take your son out of the State his in.That's just what the father would like to see you screw up

Answer 9

I know you say she can,t afford a lawyer but she really can,t afford not to have a lawyer. Contact legal aid and see if she qualifies.

Answer 10

normally when two parents get divorced and one moves out of state they have to get permission from the other parent if the divorce isnt final. i think it all depends on state law.