Legal Question in Family Law in Texas

default judgement in custody case

I was served a default judgement for papers I was served a year ago regarding the custody of my son. My ex led me to believe they were dismissed and his lawyer sent me a letter saying it was dismissed and I didn't need to appear in court. So I never filed an answer. Now a year later, I have received a default judgement. I read I could possibly request a new trial. Is this true? What are my options for getting this overturned to where I atleast have a chance to defend my case? Unfortunately, I don't have the paper from his lawyer (not thinking I would need it a year later).


Asked on 4/09/09, 10:29 am

2 Answers from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: default judgement in custody case

Go talk to a good family law attorney. This isn't anything you can do yourself.

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Answered on 4/09/09, 10:31 am
Fran Brochstein Attorney & Mediator

Re: default judgement in custody case

If the default judment was done less than 30 days ago, you can file for a Motion for New Trial. If it's been over 30 days you will need to file a Modification.

I highly recommend Patricia Bushman. She is an excellent attorney. You can tell her that I said so!

Happy Easter!

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Answered on 4/10/09, 5:19 pm


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