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mommaduck03
Feb 29, 2012, 07:17 PM
I am curious. My brother in law has filed abandonment charges on his grandson's parents. He has raised the boy since he was about 6 months old. The child is now almost 7. He lives in Texas and has struggled to get the funds to pay the lawyer he hired. Final payment has been made. Was contacted today with a court date and was inform by the lawyer that an additional 500.00 was needed.
The lawyer told him that since the absent parents were unable to be served, could not find them. And there was no reply to the public notice that was issued in the paper. That 2 lawyer had to be present, one for each of the absent parents and he had to pay for them.
This is something new to us as my husband and I got custody of our twin grandchildren and the parents were absent and we did not have to do this. He was told that it was something new...
So I am trying to find out. Does anyone here know about TEXAS laws and if this is a new state law, or county law. Or is my brother in law getting ripped off big time. Not sure think he is getting ripped, but need to double check and make sure. Not sure where to go to find this kind of specific info on the web so since I found this place thought it would not hurt to ask.

Thanks for the help if any can

Fr_Chuck
Feb 29, 2012, 08:17 PM
I don't even think it is something new in Texas. When I did a case in TX our son ( 6 at the time) had to have his own attorney hired to protect his interest when we had a law suit for him. This was on top if the lawyer we had representing our family.

But yes if and when the other parties can not be contacted and do not contact the court, there is and has to extra costs.

ScottGem
Feb 29, 2012, 11:57 PM
First, Your b-i-l can't file abandonment charges. He can file for custody of the child and use abandonment as grounds, but filing for abandonment by itself does nothing,

Second, if the attorney followed the law to try and locate the parents, then there is no need for your b-i-l to pay for an attorney on the parent's behalf, That doesn't smell right. Have him ask the attorney to show him the law that says this.

mommaduck03
Mar 1, 2012, 09:09 AM
Thanks for the info. Smells fishy to me too. Laws in Texas change in September and if this was a new law seems funny that the lawyer would wait until there was a hearing date set to throw out this extra fees. As I stated we filed custody charges on my stepdaughter to get the grandkids, and I didn't have to pay fees for the absent parents.
Did manage to find email for a lawyer that is running for district judge in my county and asked her about it. She did return a reply that she did have the answer and would phone me sometime today. So am going to wait and see what she says.
Can you get your money back from an attorney if you decide that they are fraudlent in their duties? Guess you have to just wait and see what is said.
Again thanks for the reply, and will post what I find out

JudyKayTee
Mar 1, 2012, 09:25 AM
You can always ask that your money be returned and if it is not, you can sue in Small Claims Court.

When you get your answer would you please post it? I'm curious and did a fair amount of research, couldn't find an answer.