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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Where on the internet can I find a texas version of a motion

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Where on the internet can I find a texas version of a motion to show cause and a motion to modify visitation
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
<p>There is no form I can point you to. These two motions you are drafting are not fill in the blank type of documents. For the motion to show cause you are simply stating what you are wanting the court to order the other side to do. A motion has a heading which includeds the case no. the name of the parties and the name of the court (since this case has already been heard you can just use the same heading that was on the original visitation order). Then title it MOTION TO SHOW CAUSE and in the body lay out what you want, why you are entitled to it and the last paragraph is a prayer "Defendant prays that this motion be GRANTED", you sign and file a copy with the court and send a copy to the plantiff.</p><p> </p><p>For the Motion to Modify the same heading is used, title is MOTION TO MODIFY VISITATION" and you plead your reasons why the modification should be granted. Below are the elements you must put in your motion to convince the court to grant it. The same prayer, sign and serve on plantiff and file with court.</p><p> </p><p>If you are not comfortable with drafting yourself you can go to legalzoom.com, I have used them for texas forms before and they are good, and for a small fee (at least less than going to an attorney) you can get the forms created for you.<strong><em> </em></strong></p><p><strong></strong></p><p><strong><em>Grounds to Modify the Custody/Visitation Order</em></strong></p><p>Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:</p><p>1. that the modification is in the best interest of the child;</p><p>2. that the circumstances of the child, a conservator or a party affected by the order have</p><p>materially and substantially changed since the order was signed by the court. </p><p>3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator. </p><p>4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.    </p><p>If the change is requested within 12 months of the original order, you must also show one of the following:</p><p>1. The child's present environment may endanger the child's physical health or significantly impair the child's emotional development; </p><p>2.   The person entitled to establish the child's primary residence is consenting to or bringing the motion for the best interest of the child;</p><p>3.   The person entitled to establish the child's primary residence has voluntarily given care and possession to another person for at least 6 months and a change would be in the child's best interest.</p>
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