Legal Question in Family Law in Texas

I recently filed a movement with my county court to withold visitation from my son's dad. I had to fill out paperwork to reopen our case (motion to modify parent child relationship) as well as a temporary restraining order. I have 2 questions. First, I was scheduled a hearing date for next week and not sure what I need to prepare beforhand other than what I did to file the motion. Secondly, what happens if he is not served papers prior to the court date if the process server can't find him?


Asked on 10/16/12, 7:59 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

First, I assume that you do not have an attorney representing you since you used the term "movement" and that is not a valid legal term in the State of Texas. I assume that you meant that you filed a pleading at the courthouse.

Second, if he is not properly served then the judge cannot hold a hearing.

Third, I would hire an attorney to assist you. Withholding visitation from a parent is a very serious matter that judges do not grant lightly. I assume that he is going to hire an attorney to represent him. Therefore, you are going to have to be able to present evidence and be prepared to argue when his attorney makes objections to the evidence you attempt to produce. If you cannot get your evidence before the Judge, then you lose and he continues to get to visit the child. He won't have to "prove" anything and the hearing is over.

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Answered on 10/16/12, 1:25 pm


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