Legal Question in Family Law in Texas

I've been on supervised visitation for about 3years now and im wanting to file A PETITION BECAUSE DEFAULT JUDGEMENT WAS TOOKEN ON MY BEHALF.Now i lived in another city then my child and im wanting better and longer visitation with my child.


Asked on 2/26/13, 10:43 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You will need to file a petition to modify the parent-child relationship and then you will have to show that there has been a material and substantial change in circumstances involving you, the other parent, or the child, since the date of the last order. Once you show there has been a material and substantial change in circumstances, you will have to show that the change you want is in the child's best interest.

Child custody battles are complicated. You will need an experienced family law attorney to represent you. I know you are bothered by the fact that she took a default judgment against you, but the court might interpret that is an indication that you didn't care enough to be a part of the lawsuit. I don't know all (or many) of the facts in your case, but I'm just wanting to give you a heads up that you may need to be prepared to address that issue.

1. What is so different today as compared to when that order was entered?

2. Why is it in your child's best interest for you to have unsupervised visits?

If you can answer those questions in a legally satisfactory manner, you will prevail.

Good luck!!

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Answered on 3/10/13, 10:17 pm


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