Waco, TX asked in Civil Litigation, Child Custody and Family Law for Texas

Q: won my custody case. opposing counsel wants a jury trial but he is pro bono. any law to help since I pay out of pocket.

We have court order for child. Out of money but the opposite lawyer now wants jury trial. He stated he was pro bono in front of judge ,so why do we have to pay for an already won case and court order because they didn’t like the outcome or the judges final decision .

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: A party who timely requests a jury trial is entitled to one. A timely request must be made before your final trial.

You say you have won custody, so there must have been a final trial.

I’m going to guess that when you say you won custody, what really happened is you were awarded temporary custody as a result of a hearing on temporary orders.

While temporary orders can be predictive of the ultimate outcome of a custody case, it is important to remember that even a judge can rule completely differently after a final trial than they did at a temporary order hearing.

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