Read the modification papers carefully and right away. Is there a standing order? Has the judge signed a temporary restraining order? Are there any hearings dates? If so, read these articles to learn more: Standing Orders, Temporary Orders & Temporary Restraining Orders (TROs)
Calculate the deadline to file an answer. Find the day you were served with modification papers on a calendar, count out 20 more days (including weekends and holidays), then go to the next Monday. You must file an answer with the court on or before this date at 10:00 a.m. If you don’t, the petitioner may finish the modification without you. Note: If the 20th day is a Monday go to the next Monday. If the courts are closed on the day your answer is due, then your answer is due the next day the courts are open.
Try to talk to a lawyer. A family law lawyer can explain your options and give you advice about your particular situation. You can hire a family law lawyer just to give you advice. Or, you may be able to talk with a lawyer for free at a legal clinic.
If you need help finding a lawyer, you can:
Decide how you want to respond.
- Option 1: File an answer. If you have been served with modification papers and want to have a say in the case, you must file (turn in) a Respondent’s Original Answer form with the court. If you don’t, the petitioner may finish the modification without you. Get answer forms here: Instructions & Forms for Filing an Answer in a Modification Case.
Warning! It’s important to talk with a lawyer before filing an answer (or any other form) with the court if you don’t live in Texas or think the modification should be transferred to another court in Texas.
- Option 2: File an answer AND a counter-petition for modification. A counter-petition for modification tells the judge what orders you want the judge to make in your modification. If your modification is contested, you may want to file (turn in) a Respondent’s Original Answer form AND a Respondent’s Original Counter-Petition for Modification form. Modification counter-petition forms are not currently available on TexasLawHelp.org.
- Option 3: Do nothing. If you have been served with modification papers and do nothing, the petitioner can finish the modification without you. This is called a “default judgment.” You will not have a say in any of the issues involved in the modification case.
If you have questions about your options, it’s important to talk with a lawyer.