Legal Question in Family Law in Texas

what is the proper way to file a motion to dismiss non suit?

The plaitiff(ex-husband)has not and can not prove its case. He is requesting custody due to me moving out of school district,that did not work.He then requestedthe house be tested for black mold, there is NO black mold.This is why we are going to court,there for I am requesting a form of dismissal on the grounds that he has no justifable case. I can not afford an attorney, can I do this myself?


Asked on 8/18/01, 1:52 am

1 Answer from Attorneys

Joshua Wintters Law Offices of Joshua Wintters

Re: what is the proper way to file a motion to dismiss non suit?

Hello there --

By far, one of the greatest distinguishing characteristics of the American legal system is allowance of parties to represent their own interests in litigation. You most certainly have the right and ability to represent yourself. Despite this, you must be aware that in doing so, the corresponding result will be that you are at a distinct disadvantage. You will be much more easily taken prey as to issues of law, and more often, issues of procedure. Many judges are considerate of pro se parties, but some are not. Most lawyers, unfortuantely, will take advantage of those unfamiliar with the legal arena. My advice to you is to seek representation if your ex is represented. Most motions to dismiss are unsuccessful, even when filed by attorneys and fought tooth and nail. If you cannot afford an attorney, you probably have access to legal aid. Most legal aid services (ex. North Texas Legal Aid Services, Heart of Texas Legal Services) have highly trained attorneys and will not charge you if you meet certain criteria. If you would not like to go this route or do not qualify, many attorneys would be willing to take your case on a payment plan arrangement. In fact, in our office, by way of example, approximately 75% of all family law cases that we are handling are being satisfied through payment plans.

Should you have further questions or wish to consult with me further, please feel free to contact me at no cost via e-mail at: [email protected] or via phone at 254.756.5004 Thanks and all the best.

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Answered on 8/20/01, 2:07 pm


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