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Filing Child Custody Motion
Summary
To file a motion for interference with child custody in Texas, obtain a Motion for Enforcement form from your local family court, complete it, and file it with the court that issued your custody order. If the other parent cannot be located, request alternative service methods like publication. Gather evidence such as affidavits, search records, and correspondence to support your request. File these documents with the District Clerks Office in Tarrant County if applicable. A default judgment may be requested if there is no response after the notice period.Full Conversation
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To file a motion for interference with child custody in Texas:
- Obtain a Motion for Enforcement form from your local family court.
- Complete the form, detailing the interference.
- File the motion with the court that issued your custody order.
- Serve the motion to the other parent.
Would you like information on the nearest family court?
- Obtain a Motion for Enforcement form from your local family court.
- Complete the form, detailing the interference.
- File the motion with the court that issued your custody order.
- Serve the motion to the other parent.
Would you like information on the nearest family court?
what if i can not serve the other parent because she moved away and will not tell me where they live
If you cannot locate the other parent to serve them, you may request the court's permission for alternative service methods, such as service by publication.
Would you like information on how to proceed with alternative service?
Would you like information on how to proceed with alternative service?
yes
To proceed with alternative service in Texas:
- **File a Motion for Substituted Service**: Request the court's permission for alternative service methods.
- **Provide Evidence**: Demonstrate your efforts to locate the other parent.
- **Court Approval**: Obtain the court's approval for alternative methods like publication.
Would you like information on the nearest family court?
- **File a Motion for Substituted Service**: Request the court's permission for alternative service methods.
- **Provide Evidence**: Demonstrate your efforts to locate the other parent.
- **Court Approval**: Obtain the court's approval for alternative methods like publication.
Would you like information on the nearest family court?
what does alternative methods like publication mean
Alternative methods, like publication, refer to ways of serving legal documents when you can't find the other parent. In Texas, it means:
- **Publication**: Publishing a notice in a newspaper or other approved public forum.
- **Posting**: Posting the notice at the courthouse or another designated location.
Would you like more details on the publication process?
- **Publication**: Publishing a notice in a newspaper or other approved public forum.
- **Posting**: Posting the notice at the courthouse or another designated location.
Would you like more details on the publication process?
once it is posted at the courthouse, then what?
Once the notice is posted at the courthouse in Texas:
- A waiting period is required, usually around 20 days.
- Monitor the case status for any response or action from the other parent.
- If there is no response, request a default judgment from the court.
Would you like information on how to request a default judgment?
- A waiting period is required, usually around 20 days.
- Monitor the case status for any response or action from the other parent.
- If there is no response, request a default judgment from the court.
Would you like information on how to request a default judgment?
yes
To request a default judgment in Texas:
- **File a Motion for Default Judgment**: Submit this motion to the court after the waiting period.
- **Provide Proof**: Show evidence of service and the lack of response.
- **Court Hearing**: Attend a court hearing where the judge will review and may grant the default judgment.
Would you like information on the nearest family court?
- **File a Motion for Default Judgment**: Submit this motion to the court after the waiting period.
- **Provide Proof**: Show evidence of service and the lack of response.
- **Court Hearing**: Attend a court hearing where the judge will review and may grant the default judgment.
Would you like information on the nearest family court?
what does a default judgement do
A default judgment in Texas:
- **Grants Your Request**: If the other parent does not respond, the court may grant the custody order or enforcement you requested.
- **Legal Effect**: It has the same legal effect as if both parties attended the hearing.
- **Final Decision**: It can be enforced like any other court order.
Would you like more information on legal procedures following a default judgment?
- **Grants Your Request**: If the other parent does not respond, the court may grant the custody order or enforcement you requested.
- **Legal Effect**: It has the same legal effect as if both parties attended the hearing.
- **Final Decision**: It can be enforced like any other court order.
Would you like more information on legal procedures following a default judgment?
the custodial parent is refusing to give me custody and she moved away without telling me where she lives now. What should i do?
To address the custodial parent's refusal and unknown location in Texas:
- File a Motion for Enforcement with the court that issued your custody order.
- Include a request for alternative service if the other parent cannot be located.
- Gather evidence of your efforts to locate the other parent.
Would you like information on the nearest family court?
- File a Motion for Enforcement with the court that issued your custody order.
- Include a request for alternative service if the other parent cannot be located.
- Gather evidence of your efforts to locate the other parent.
Would you like information on the nearest family court?
the custodial parent is refusing to let me see my daughter for my court appointed visitation days and she moved away without telling me where she lives now. What should i do?
To address this issue in Texas:
- **File a Motion for Enforcement**: Submit this to the court that issued your custody order.
- **Request Alternative Service**: If you cannot locate the other parent.
- **Gather Evidence**: Document your efforts to find the other parent.
Would you like information on the nearest family court?
- **File a Motion for Enforcement**: Submit this to the court that issued your custody order.
- **Request Alternative Service**: If you cannot locate the other parent.
- **Gather Evidence**: Document your efforts to find the other parent.
Would you like information on the nearest family court?
what kind of evidence is appropriate
To gather evidence for alternative service in Texas, consider:
- **Affidavits**: Statements from you or others detailing efforts to locate the other parent.
- **Search Records**: Document searches from online databases, social media, or private investigators.
- **Correspondence**: Copies of any letters, emails, or texts attempting to contact the other parent.
Would you like more details on submitting this evidence?
- **Affidavits**: Statements from you or others detailing efforts to locate the other parent.
- **Search Records**: Document searches from online databases, social media, or private investigators.
- **Correspondence**: Copies of any letters, emails, or texts attempting to contact the other parent.
Would you like more details on submitting this evidence?
yes
To submit evidence for alternative service in Texas:
- **Organize Evidence**: Collect and organize affidavits, search records, and correspondence.
- **File with the Court**: Submit the evidence along with your Motion for Substituted Service.
- **Court Review**: The court will review your evidence to determine if alternative service is warranted.
Would you like information on the nearest family court?
- **Organize Evidence**: Collect and organize affidavits, search records, and correspondence.
- **File with the Court**: Submit the evidence along with your Motion for Substituted Service.
- **Court Review**: The court will review your evidence to determine if alternative service is warranted.
Would you like information on the nearest family court?
who do we file this with in Tarrant county
To file your Motion for Enforcement and request for alternative service in Tarrant County, you should:
- **File with the District Clerk's Office**: This office handles family law matters.
Phone: (*) *-*
Address: * E. Weatherford St., Fort Worth, TX *
Website: www.tarrantcounty.com
- **File with the District Clerk's Office**: This office handles family law matters.
Tarrant County District Clerk's Office
Phone: (*) *-*
Address: * E. Weatherford St., Fort Worth, TX *
Website: www.tarrantcounty.com
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