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Custody Modification Motion Guide
Summary
In Texas, you can file a motion to modify visitation based on a failed drug test, even if discovery is filed. Respond to discovery requests within 30 days, and consider objecting to irrelevant or overly broad requests. Draft the motion with case details, file it with the court, and notify the other party. Legal aid resources are available for assistance.Full Conversation
I received sole custody of my daughter and the father was granted supervised visitations under the circumstance that he passed a drug test. He failed and has now sent a discovery for *. Respondent’s Requests for Disclosure; and
*. Respondent’s Combined First Request for Production and Request for
Interrogatories. What should I do?
Hi ****,
I'm sorry you're going through this. To respond appropriately:
*. **Review the Requests:** Carefully read the discovery requests.
*. **Consult an Attorney:** Consider seeking legal advice to ensure compliance and protect your rights.
Do you currently have an attorney assisting you with this matter?
I'm sorry you're going through this. To respond appropriately:
*. **Review the Requests:** Carefully read the discovery requests.
*. **Consult an Attorney:** Consider seeking legal advice to ensure compliance and protect your rights.
Do you currently have an attorney assisting you with this matter?
No
Hi ****,
Thanks for providing more details. Since you don't have an attorney, here are some steps you can take:
- **Review Requests:** Read the discovery requests carefully.
- **Respond Timely:** Texas law requires responses within 30 days.
- **Seek Legal Aid:** Contact local legal aid organizations for assistance.
Would you like information on local legal aid resources in Texas?
Thanks for providing more details. Since you don't have an attorney, here are some steps you can take:
- **Review Requests:** Read the discovery requests carefully.
- **Respond Timely:** Texas law requires responses within 30 days.
- **Seek Legal Aid:** Contact local legal aid organizations for assistance.
Would you like information on local legal aid resources in Texas?
Yes
Hi ****,
Here are some local legal aid resources in Texas that can assist you:
- **Legal Aid of NorthWest Texas**
- Phone: (*) *-*
- Website: www.lanwt.org
- **Lone Star Legal Aid**
- Phone: (*) *-*
- Website: www.lonestarlegal.org
- **Texas RioGrande Legal Aid**
- Phone: (*) *-*
- Website: www.trla.org
Please reach out to them for support.
Here are some local legal aid resources in Texas that can assist you:
- **Legal Aid of NorthWest Texas**
- Phone: (*) *-*
- Website: www.lanwt.org
- **Lone Star Legal Aid**
- Phone: (*) *-*
- Website: www.lonestarlegal.org
- **Texas RioGrande Legal Aid**
- Phone: (*) *-*
- Website: www.trla.org
Please reach out to them for support.
Am I now not able to File a "Motion for Hearing" with the court that issued the custody order and include details of the failed drug test and the need to modify visitation?
Hi ****,
Yes, you can file a "Motion for Hearing" with the court that issued the custody order. In Texas, you can request a hearing to modify visitation based on the father's failed drug test.
Would you like guidance on how to file this motion?
Yes, you can file a "Motion for Hearing" with the court that issued the custody order. In Texas, you can request a hearing to modify visitation based on the father's failed drug test.
Would you like guidance on how to file this motion?
Even though he filed a discovery?
Hi ****,
Yes, you can still file a "Motion for Hearing" for modifying visitation based on the failed drug test, even though he filed a discovery. The discovery process does not prevent you from seeking modifications to the custody order.
Would you like more detailed guidance on how to proceed with filing this motion?
Yes, you can still file a "Motion for Hearing" for modifying visitation based on the failed drug test, even though he filed a discovery. The discovery process does not prevent you from seeking modifications to the custody order.
Would you like more detailed guidance on how to proceed with filing this motion?
Yes
Hi ****,
To file a "Motion for Hearing" to modify visitation:
- **Draft the Motion:** Include details of the failed drug test and reasons for modification.
- **File with the Court:** Submit the motion to the court that issued the custody order.
- **Notify the Other Party:** Serve a copy to the father or his attorney.
Would you like more detailed steps or forms to assist with this process?
To file a "Motion for Hearing" to modify visitation:
- **Draft the Motion:** Include details of the failed drug test and reasons for modification.
- **File with the Court:** Submit the motion to the court that issued the custody order.
- **Notify the Other Party:** Serve a copy to the father or his attorney.
Would you like more detailed steps or forms to assist with this process?
Yes
Hi ****,
To help you file a "Motion for Hearing" to modify visitation, here are more detailed steps:
*. **Draft the Motion:**
- Include your name, the father's name, and case number.
- Explain the failed drug test and why visitation should be modified.
*. **File with the Court:**
- Go to the courthouse where the custody order was issued.
- File your motion with the Clerk of Court.
*. **Notify the Other Party:**
- Serve a copy of the motion to the father or his attorney. This can be done via certified mail or through a process server.
*. **Prepare for the Hearing:**
- Gather evidence, such as the failed drug test result.
- Be ready to explain your reasons to the judge.
Would you like information on where to find motion forms or further assistance with the court process?
To help you file a "Motion for Hearing" to modify visitation, here are more detailed steps:
*. **Draft the Motion:**
- Include your name, the father's name, and case number.
- Explain the failed drug test and why visitation should be modified.
*. **File with the Court:**
- Go to the courthouse where the custody order was issued.
- File your motion with the Clerk of Court.
*. **Notify the Other Party:**
- Serve a copy of the motion to the father or his attorney. This can be done via certified mail or through a process server.
*. **Prepare for the Hearing:**
- Gather evidence, such as the failed drug test result.
- Be ready to explain your reasons to the judge.
Would you like information on where to find motion forms or further assistance with the court process?
Do I have to include my personal finances in the discovery?
Hi ****,
In Texas, whether you need to include personal finances in discovery depends on the specifics of the requests. Generally:
- **Relevance:** The information requested must be relevant to the case.
- **Objections:** You can object to requests that are overly broad or irrelevant.
Would you like information on how to object to discovery requests?
In Texas, whether you need to include personal finances in discovery depends on the specifics of the requests. Generally:
- **Relevance:** The information requested must be relevant to the case.
- **Objections:** You can object to requests that are overly broad or irrelevant.
Would you like information on how to object to discovery requests?
Yes
Hi ****,
To object to discovery requests in Texas:
- **Review Requests:** Identify any that are overly broad or irrelevant.
- **Draft Objections:** Clearly state your objections and reasons (e.g., irrelevant, overly broad).
- **File and Serve:** Serve your objections to the requesting party within the response deadline.
Would you like sample language for drafting objections?
To object to discovery requests in Texas:
- **Review Requests:** Identify any that are overly broad or irrelevant.
- **Draft Objections:** Clearly state your objections and reasons (e.g., irrelevant, overly broad).
- **File and Serve:** Serve your objections to the requesting party within the response deadline.
Would you like sample language for drafting objections?
Yes
Hi ****,
Here is some sample language for drafting objections to discovery requests:
*. **Overly Broad and Burdensome:**
- "Objection. This request is overly broad and unduly burdensome as it seeks information beyond the scope of the case."
*. **Irrelevant:**
- "Objection. This request seeks information that is not relevant to the subject matter of the case and is not reasonably calculated to lead to the discovery of admissible evidence."
*. **Privacy Concerns:**
- "Objection. This request invades my privacy and seeks sensitive personal information that is not relevant to the case."
Ensure to file and serve your objections within the response deadline. Would you like more assistance with drafting these objections or further guidance on another legal aspect?
Here is some sample language for drafting objections to discovery requests:
*. **Overly Broad and Burdensome:**
- "Objection. This request is overly broad and unduly burdensome as it seeks information beyond the scope of the case."
*. **Irrelevant:**
- "Objection. This request seeks information that is not relevant to the subject matter of the case and is not reasonably calculated to lead to the discovery of admissible evidence."
*. **Privacy Concerns:**
- "Objection. This request invades my privacy and seeks sensitive personal information that is not relevant to the case."
Ensure to file and serve your objections within the response deadline. Would you like more assistance with drafting these objections or further guidance on another legal aspect?
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