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Not sure what to do..

Started by MissingMyKids713, Mar 13, 2017, 08:58:00 PM

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I live in Texas and at one point was homeless due to losing my company and ultimately my home. My exwife obtained a default judgement for an order to modify parent child relationship in which  the judge removed the standard possession order and made access to the children by myself only when we both "mutually agree". I never received the citation to appear in court because I was homeless which is why there was a default judgement issued.  I have seen my children 1 time in 4 years because she wont mutually agree to let me see them, nor will she let me speak to them on the phone.  I am finally back on my feet and in a stable safe environment and I recently filed my own petition to modify and filed it Pro Se.  In her original answer, she entered a general denial and also submitted a counter petition to terminate my parental rights.  I'm not sure what to do now and these legal lines are always busy -

1. The counter petition came with discovery and we know we have 30 days to get that to her attorney.  BUT Texas Civil Procedure requires a person to respond within 20 days to a petition.  Does the same go for counter petitions?  Do I need to submit an answer to the court for her counter petition?  Do I need to send a certified copy to her attorney?

2. What happens next?  Do i need to submit a request for a hearing or will the clerk issue one because we do not agree?

So confused here.


Well, we are not legal professionals here -- only parents who have also been divorced and sometimes have gone through similar situations.

You kinda switch from PRO SE and "ME" to a we....

Sometimes the "answer" to discovery can be summed up in one word.  "DENIED"....or "Not Relevant" which might buy you some time. 

Yes, you need to always send a notarized copy to her attorney and the court.

Search this site on key words and Texas....but not in the Texas forum spot because that's not used much... I believe there are others here in Texas. 

You might also want to see if there's a university near you with a Law School that has a program where students help folks like you under a supervised program.  West Virginia University has that for example.