Legal Question in Family Law in Texas

My wife and I are currently in the middle of a Suit Affecting the Parent-Child relationship. My parents and my wife's aunt were granted Temporary Sole Managing Conservators. Originally the suit only affected our daughter Alexis, but the day before we went to court my wife gave birth to our son. So my parent's attorney had to file and amended petition to include our son in the suit. The original petition contains many requirements of my wife and I such as attending NA and submitting to drug tests if they (my parents or wife's aunt) request it. The amended petition contains none of these requirements in it at all. My question is this: Do those requirements still apply or does the amended petition completely replace the original? I have done some online research into the subject and most places said the amended does replace the original, but I wanted a certifiable answer before I say anything to my parents about it.


Asked on 5/03/11, 6:07 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Two things.

First: The amended petition does replace the original.

Second: A petition is not an order. So any temporary orders that are in place are still in control, even though the new petition does not ask for the same relief.

Read more
Answered on 5/04/11, 8:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas