Legal Question in Family Law in Texas

I live in Sachse, TX and am the joint managing conservator with the right to determine primary residence of our child, who is a junior in high school. My ex-husband lives in Houston, TX and had me served me with a motion to modify the parent child relationship in order to have our son come live with him and requesting his child support payments be terminated and that I pay him child support.

While I search for an attorney, can I file both a "general denial" response first within the 20 day time frame- Then follow up with a counterpetition at any time before the first court date is scheduled?


Asked on 11/09/13, 2:40 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Your question took several days to appear on the website for attorneys to answer.

Hopefully you have hired an attorney by now.

You can file a "Answer" and deny the Petition. It merely serves to notify the court that you are interested in the lawsuit and not to proceed without notice to you. Be sure to send a copy to the ex's attorney and/or ex so he knows what you have done. Sometimes paperwork gets "lost" so be sure to make copies of what you file at the courthouse and have it file stamped as proof that you filed it.

A counter-petition can be filed at anytime.

Look on this website and on www.avvo.com for an attorney in your area.

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Answered on 12/13/13, 10:01 am


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