Is my modification suit contested or uncontested?
TexasLawHelp.org has instructions for uncontested Suits to Modify the Parent-Child Relationship. Your modification suit is uncontested if it can be finished by agreement or by default.
- Your modification suit can be finished by agreement if you and the other parent agree about all the issues (including custody, visitation and child support) and are both willing to sign the modification suit forms.
- Your modification suit can be finished by default (without the other parent) if the other parent is served and does not file an answer or otherwise appear in court.
Your modification suit is contested if the other parent files an answer or waiver of service and will not sign the Order Modifying the Parent-Child Relationship. To finish a contested modification suit, you must set your case for final hearing and give the other parent at least 45 days’ notice of the hearing. It’s important to talk with a lawyer if your case is contested.
Read this article to learn more: How to Set a Contested Final Hearing (Family Law).