Legal Question in Family Law in Texas

I live in Texas. I was served with a citation petitioning for modification of visitation and name change. I was also given a notice of hearing. I was served the citation and notice of hearing on 10/15/11. The hearing is to be held on 10/18/11. Is it legal for the opposing party to notify me of a hearing only three day before the hearing is to be held? Will a default judgment or disciplinary actions be taken against me by the courts if I do not show up for the hearing on 10/18/11. What can I do if the other party continues to not properly notify me or give me enough time to respond before a hearing to modify visitation and name change? What disciplinary actions can be taken against the opposing party for failure to notify properly?


Asked on 10/16/11, 8:22 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

If you were personally served with a notice for temporary orders, then you need three days notice. It would not be unusual, though, for a court to grant a continuance in this situation. If the notice was for a final hearing, then 45 days notice is required. Get to an attorney immediately because, theoretically, your hearing on a continuance needs to have three days notice, also (six days if served by fax or mail). It also has very specific requirements, such as, it needs to be verified and in writing.

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Answered on 10/17/11, 3:44 pm


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