CAUTION:

You are instructed to consult a lawyer before using one of these forms. No warranty or representation is made that any of these forms will accomplish your legal need.

These Forms are made for use in District Court. Some Texas Counties conduct family matters in County Court. Some courts have local rules that could affect the use of these forms.  Only a lawyer can tell you if one of these forms will work for you.

 

AFFIDAVIT OF INABILITY TO PAY COSTS

The Affidavit of Inability to Pay Costs may be used to file papers with the court clerk without being required to pay a filing fee. If you are not truly poor, the judge or clerk may reject your affidavit and require you to pay a filing fee. Not every document you file with the clerk requires a filing fee. Ask the clerk and they will tell you if the document you want to file requires a fee.

CHILD CUSTODY DISPUTE ANSWER AND AFFIDAVIT

This is really two forms. They must be filed together. If you are served court papers in a case involving the custody of a child and there is no question about who is the father of the child, this Answer can be used to let the judge know you want to be the primary caretaker for the child. In addition to the Answer and Exhibit "A," you will need to complete and file the Affidavit. The Affidavit informs the judge of all people who may have an interest in the child and which court has the right to decide matters regarding the child.

FATHER'S AFFIDAVIT OF WAIVER OF INTEREST IN CHILD

Father's Affidavit of Waiver of Interest in Child should only be used if another man is asking to assume the rights and responsibilities of the father and you wish to give up any claim to the child. As a general rule, this form will only be used when there is another man seeking to adopt the child or establish paternity of the child and you are not the biological father of the child.

MOTHER'S AFFIDAVIT OF STATUS

Mother's Affidavit of Status is a form to be used when the child has no presumed father. This generally means that there is no father named on the birth certificate and the mother was not married at the time the child was conceived or born.

MOTION FOR CONTINUANCE

Motion for Continuance should be used when the court notifies you that a hearing is scheduled and you are not ready to appear in court. You will need to have a Notary Public witness your signature. You will need to ask the court clerk to set the motion for a hearing. You will need to see that a copy of the hearing notice is given to the attorney on the other side of the case.

MOTION FOR COURT APPOINTED ATTORNEY

This form can be used to ask the judge to appoint an attorney to represent you. It should only be used if there is a current court order that one parent if refusing to follow AND you do not have the income to hire a lawyer. It should be used together with the Demand Letter to the person who is refusing to follow the court order and Affidavit of Inability to Pay Costs.

If the clerk sets the motion for a hearing, you should ask the clerk to serve notice on the person failing to comply with the court order.

MOTION FOR GENETIC (DNA) TESTING

This form can be used to request DNA testing by the man in a case where there is a question about who is the father of a child.

MOTION FOR MEDIATION

Motion for Mediation is a form that can be filed with the clerk once a law suit has been filed. Most judges will order the parties to meet with a mediator if one party asks for mediation. Mediation is a process where the parties meet with a person called a mediator who has no interest in the outcome of the dispute. The mediator will try to help the parties resolve their dispute without the time and cost of a full trial. You will not need an attorney to participate in mediation. You do not need to reach an agreement in mediation. This motion should be used together with the Mediation Order.

Motion for Social Study

This form can be used by the defendant in a child custody case if there is a disagreement over who is the best person to be the primary caretaker of the child. It will ask the judge to name a social worker to perform an investigation and submit a report to the court regarding the best interest of the child.

MOTION FOR TEMPORARY ORDERS

If you are named as a defendant in a child custody matter, this form can be used to ask the court for an order giving you specific rights to visit with the child and become involved in his/her life before a full and final trial takes place.

ORDER OF REFERRAL TO MEDIATION

Mediation Order is an order for the judge to sign after he/she has told the parties that they must take their case to a mediator. It should only be used together with the Motion for Mediation.

Paternity Answer and Affidavit

If you receive court papers claiming you are the father of a child that is not yours, these two forms can be used to tell the judge that you deny you are the father of a child. The Answer asks the judge for DNA testing and also asks that you be appointed the primary caretaker of the child if you are found to be the father. In addition to the Answer and Exhibit "A," you will need to complete and file the Affidavit. The Affidavit informs the judge of all people who may have an interest in the child and which court has the right to decide matters regarding the child.

Waiver of Service

Any time a law suit is filed, court papers must be served on the person being sued unless that person waives their right to service of the papers. This form can be used to waive your right to have court papers served on you. The form will protect your right to notice of future hearings and will not waive any other rights you may have in the case.

DEMAND LETTER FOR VISITATION

If the custodial parent is giving you a problem about visiting with your child, you should complete the information required for this form letter and send it to the other parent by certified mail, return receipt requested, and regular first class mail. Be sure to keep a copy for your records showing when and where the letter was mailed. This letter together with your journal of visitation events will be very helpful in the event it becomes necessary to seek court relief.

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