Modifying Visitation

[texasgal]

Good Morning,

I live in Texas and June 3 filed a Motion to Modify Visitation, the CP was served June 7th.  

1) Does the CP have 20 days to answer the Motion? or is that just for Notices?

2) When do I request a hearing date?

Thank You

[socrateaser]

>1) Does the CP have 20 days to answer the Motion? or is that
>just for Notices?

Every jurisdiction has slightly different time limits. I don't know TX civil procedure, so I can't give you the exact time, however, 15-21 days on a motion is typical.

>
>2) When do I request a hearing date?

Generally, if you want a hearing, you should request it at the time you file it with the court. If you didn't, then in some jurisdictions, this is an implied waiver of an oral hearing on the motion, and the court will decide the matter based upon the written pleadings and evidence submitted. In other jurisdictions, a hearing is automatic, and the clerk will provide a hearing date at the time that the motion is filed.

Assuming that you have not impliedly waived your right to oral argument on the motion, then you should be able to contact the court clerk, or perhaps the judge's personal clerk, and ask that a hearing be set on the calendar. Then you can serve notice of the hearing date.

[texasgal]

Thank you for your advice, I did call the county clerk and they informed me I would have to wait 20 days, to give the CP an chance to answer.  Before I can request a hearing.

1) If I understand right, If she does not answer does that mean she is agreeing and we get what we want. (within reason)?

[socrateaser]

>Thank you for your advice, I did call the county clerk and
>they informed me I would have to wait 20 days, to give the CP
>an chance to answer.  Before I can request a hearing.
>
>1) If I understand right, If she does not answer does that
>mean she is agreeing and we get what we want. (within
>reason)?

Not necessarily. But, if you don't request a hearing, and instead ask the court to rule without a hearing, based upon the pleadings, then the absence of any responsive pleading gives you the edge. Nevertheless, the judge could still find your pleading inadequate and refuse to grant the relief requested...whatever those may be.

[patton]

We live in Texas, have filed Motion and yes it is 20 days that the other party has to respond.  You can go to the court house and get a copy of their response if they do not give you a copy.

They do not have to give you a copy.  If they respond in a NON favorable way then when you file  for the hearing you will have to show (that your reasons for the change are for the best interest of the child vs the other parties reasons.

I don't know what happens if the party agrees.  I think you have to have an attorney to file a Rule 11 agreement in Texas, but I'm not sure.
Which is basically an amendment to your court order, but I don't know if you can do that pro se.