Legal Question in Family Law in Texas

Re: Been Served Again

Of course, without knowing all the facts of the case, I cannot accurately asess exactly how you should proceed in this matter. Based on what you have revealed in your email, here's what you have to understand: if you don't show up or don't file an answer the court will proceed without you and she will pretty much get whatever she wants as long as the court believes it is in the best interest of the child. Therefore, if you cannot afford an attorney, it is very important to file some sort of response & show up at the hearing. I often advise people who cannot afford a lawyer to simply write a letter to the court. Sign & date it. How you entitle it would depend on what specific type of motion your ex-wife has filed. List the original cause number of your case, the court number, your wife's name, yours and your child's name. The basically tell the judge your side of the story . I would throw in the words "frivolous claims" and "wasting the court's time". Explain that you cannot afford to hire an attorney again and will be representing yourself. Send it to the court and to your spouse as recommended in the previous answer. Usually such letters qualify as a responsive pleadings and prevent a default judgement from being entered. However, it really depends on the court. It is possible that even if you write the letter,the court may not consider it an response to your wife's motion. That is why it is also important that you show up on the hearing date. If a party does not file an answer but makes an appearance, no default can be obtained - the appearance is deemed to be the same as answering -although of course it is better to answer because then you get your side of the story before the court.

I strongly caution you about proceeding without an attorney. The family law court system & the laws pertaining to custody & modification are extremely complex and pro se parties almost always end up unhappy with the outcome. In this case, what you don't know CAN hurt you - and your child. In the least, you should seek the aid of free legal services in your area, if you can qualify.

Good luck

Stephanie t. Shipp, Attorney At Law

Re: Been Served Again

I agree with Michael O'Connor.

I recommend that you file a document called an Answer with the Court. It lets the Judge you that you are interested in the lawsuit. If you don't do anything the court will proceed without your input.

Send a copy of the Answer to the opposing attorney and to the Court. I recommend that they be sent certified mail, return receipt requested. Then be sure to keep everything. If your wife's attorney refuses the mail and it is returned to you -- Do NOT open the envelope. Leave it sealed in case you need to ever show it to the court as evidence you mailed the attorney your answer. I usually send certified mail along with a copy sent first class just to be sure they accept the mail. If the certified comes back but not the first class, then you can presume the attorney got one copy of your answer.

You might consider asking that the case be mediated with a third party.

Best of luck to you.

If you have any more questions, please call me at 713-847-6000.

Re: Been Served Again

You can always represent yourself. You don't need a lawyer all the time (but it's good to have one in family court). You need to be at the hearing or have a real good reason why you can't be and you need to inform the court and your wife's attorney, and get another court date.