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.
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
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
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
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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