What should I expect if my custody dispute goes to trial?
Houston, TX Family Law Attorney Michael Hiller talks about what happens usually if a custody dispute goes to trial.
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If your custody dispute ends up going to trial there are a lot of things to think about, first of all, temporary orders. Probably early in the case there’s going to be a temporary order hearing and often you don’t have much time to prepare and what usually happens in Texas is that the spouse who’s had most the responsibility for the child is going to prevail at that first hearing unless they’ve done something pretty bad. Then the custody trial can be anywhere usually six, nine, twelve months down the road. One thing is in Texas it’s the only state in the country where you can have a jury trial for custody trials so that’s a possibility and that can be really expensive.
Number one, the preparations two to three times as much as a regular bench trial we call it. Number two, you often get reset many time because most courts only do one jury trial a month and that’s there’s a lot of people asking for it. So you really have to be sure this is what you want that you can afford it. You need to be sure that you can withstand the negative attacks on you as a parent. It’s really kind of a nasty procedure. The only time I recommend it is when you are really the one who should have custody by all rights and the other parent is just doing it because they’re angry or they’re high conflict then it may become a necessity.