Thursday, May 13, 2010

My ex has served me with a petition to modify parent child relationship?

My ex has served me with a petition of modify parent child relationship. I need to answer this very soon. I mainly agree with it due to the fact that my daughter is going to be living with him this year. There are some parts I disagree with and I just don't want to default and would like to answer with minor changes. Is there a sample answer form somewhere? I live in Texas by the way.My ex has served me with a petition to modify parent child relationship?
Call an attorney, anything u do will be law till a judge changes it back. So make sure u r ok with everything before u do anything!!!!!!My ex has served me with a petition to modify parent child relationship?
You will have to file a motion to contest the modification. Go to the court clerk to find out how to do this.











The Modification Process





The process to modify a current court order affecting custody, visitation or support begins with a petition to the court asking for the modification. You will probably need the assistance of a lawyer to file a proper petition because there are several things that must be in the petition and you will need to make sure that the petition is properly served on the other party. Once the petition is filed and served, the court can enter temporary orders if properly requested. If the modification is agreed to by the other party, the process can be completed relatively quick. If the other party wants to contest the modification then the court will have to schedule the case for trial.











Grounds to Modify the Custody/Visitation Order





Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:





1. that the modification is in the best interest of the child;





2. that the circumstances of the child, a conservator or a party affected by the order have





materially and substantially changed since the order was signed by the court.





3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.





4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.





If the change is requested within 12 months of the original order, you must also show one of the following:





1. The child鈥檚 present environment may endanger the child鈥檚 physical health or significantly impair the child鈥檚 emotional development;





2. The person entitled to establish the child鈥檚 primary residence is consenting to or bringing the motion for the best interest of the child;





3. The person entitled to establish the child鈥檚 primary residence has voluntarily given care and possession to another person for at least 6 months and a change would be in the child鈥檚 best interest.
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