My ex recieved temporary Custody in april because of a medication i was taking and was living alone. I am not longer on it and am living with my sister. I would like to get her back. I cannot afford a lawyer and cant get legal aid because its a &quot ...

Jurisdiction: 

Area of Law: 

Question: 

My ex recieved temporary Custody in april because of a medication i was taking and was living alone. I am not longer on it and am living with my sister. I would like to get her back. I cannot afford a lawyer and cant get legal aid because its a "conflict of interest" What do i do now?

Selected Answer: 

DakotaLegal's picture

 

 
The reason for the “conflict if interest” is usually because someone else in the same case got their help first. But what we’ll look at first is whether there are other, cost-effective ways to get your best case back into court. What you seem to have going for you is that this is a temporary order. The bad news is that the longer this order is in place, the more likely a judge is to keep the order…because stability usually (but not always) benefits the child.
 
Check Other Low-Cost Legal Options
 
I don’t know which ‘legal aid’ service you contacted. In all likelihood, though, there is another low cost legal aid group that may be able to help. This can depend on many things…whether you meet their income guidelines, residence, veteran status, or where you live. So let’s list all the options and see if any of them may be able to help… here’s a complete guide to the process in Texas family law courts: http://www.texasbar.
com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/FamilyLaw.pdf
 
The Texas bar association runs what’s called “pro bono” aid programs. You’ll need to use the term, because this is how the lawyers explain giving away a certain amount of free time each year. http://www.texasbar. com/AM/Template.cfm? Section= Lawyers_Giving_ Back.
 
Law schools throughout Texas usually have what’s called a “clinic” program. Talented and dedicated law students get experience helping clients…all under the supervision of very qualified teachers. Here is one law school clinic program, from the University of Texas law school in Austin…http://www.utexas.edu/law/centers/publicinterest/probono/.
 
There are also self-help options, and there is a lot of information to help you to get this process going, by yourself if you have to… http://texaslawhelp.org/issues/family-law-and-domestic-violence.
 
Finally, there is even a chance that you might be able to turn any office skills into a lower legal bill. Some lawyers (especially newer lawyers) are sometimes willing to barter their legal time for your office time.
 
 
Review The Custody Order For Mistakes
 
There may be some changes or even outright errors in the order. If you don’t end up getting an affordable lawyer, try to concentrate on several important facts. Has the child’s schooling or important friendships been hurt by the order? Have you fixed major problems? And by “important” facts, I mean you need to be able to focus on answering this question: “Is what I’m asking for in custody the best interests of my child?” Check out just how often a judge will end up basing their entire decision on applying those key words in your case… http://caselaw. findlaw.com/tx-court-of-appeals/1171715.html.
 
Avoid ever involving the child in “taking sides” or being involved in your desire to change custody.
 
Try To Get Experts To Help
 
Your current abilities to care for your child have to be proven. This will mean explaining your income, your parenting skills, and your housing. To the extent that you can have an expert testify on your behalf, the stronger your case will be. For example, you might be able to get free help from Masters degree students at a Texas School of Social Work to help do a home study for you…here’s the school at Texas State University: http://www. socialwork.txstate.edu/.
 
Finally, one of the most important experts (based on what you said) has to deal with why you gave up custody…the issue of taking medication. If you have a doctor who knows our case, get either a letter, or even an agreement to have them speak for you.

All Comments

DakotaLegal's picture

 

 
The reason for the “conflict if interest” is usually because someone else in the same case got their help first. But what we’ll look at first is whether there are other, cost-effective ways to get your best case back into court. What you seem to have going for you is that this is a temporary order. The bad news is that the longer this order is in place, the more likely a judge is to keep the order…because stability usually (but not always) benefits the child.
 
Check Other Low-Cost Legal Options
 
I don’t know which ‘legal aid’ service you contacted. In all likelihood, though, there is another low cost legal aid group that may be able to help. This can depend on many things…whether you meet their income guidelines, residence, veteran status, or where you live. So let’s list all the options and see if any of them may be able to help… here’s a complete guide to the process in Texas family law courts: http://www.texasbar.
com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/FamilyLaw.pdf
 
The Texas bar association runs what’s called “pro bono” aid programs. You’ll need to use the term, because this is how the lawyers explain giving away a certain amount of free time each year. http://www.texasbar. com/AM/Template.cfm? Section= Lawyers_Giving_ Back.
 
Law schools throughout Texas usually have what’s called a “clinic” program. Talented and dedicated law students get experience helping clients…all under the supervision of very qualified teachers. Here is one law school clinic program, from the University of Texas law school in Austin…http://www.utexas.edu/law/centers/publicinterest/probono/.
 
There are also self-help options, and there is a lot of information to help you to get this process going, by yourself if you have to… http://texaslawhelp.org/issues/family-law-and-domestic-violence.
 
Finally, there is even a chance that you might be able to turn any office skills into a lower legal bill. Some lawyers (especially newer lawyers) are sometimes willing to barter their legal time for your office time.
 
 
Review The Custody Order For Mistakes
 
There may be some changes or even outright errors in the order. If you don’t end up getting an affordable lawyer, try to concentrate on several important facts. Has the child’s schooling or important friendships been hurt by the order? Have you fixed major problems? And by “important” facts, I mean you need to be able to focus on answering this question: “Is what I’m asking for in custody the best interests of my child?” Check out just how often a judge will end up basing their entire decision on applying those key words in your case… http://caselaw. findlaw.com/tx-court-of-appeals/1171715.html.
 
Avoid ever involving the child in “taking sides” or being involved in your desire to change custody.
 
Try To Get Experts To Help
 
Your current abilities to care for your child have to be proven. This will mean explaining your income, your parenting skills, and your housing. To the extent that you can have an expert testify on your behalf, the stronger your case will be. For example, you might be able to get free help from Masters degree students at a Texas School of Social Work to help do a home study for you…here’s the school at Texas State University: http://www. socialwork.txstate.edu/.
 
Finally, one of the most important experts (based on what you said) has to deal with why you gave up custody…the issue of taking medication. If you have a doctor who knows our case, get either a letter, or even an agreement to have them speak for you.