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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How long does a respondent in a Petition to modify Parent-child

Customer Question

How long does a respondent in a Petition to modify Parent-child relationship Texas family court have to respond to Disclosure. And if they don't respond what can happen?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good morning Janice,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Are you asking about responding the Petition for modification, or to the disclosure of information itself? They have differing dates and differing consequences for missing the deadlines.

Doug

Customer: replied 1 year ago.


the disclosure of information

Expert:  LawTalk replied 1 year ago.

Good morning Janice,

Than you for clarifying that for me.

Under Texas law, if you have already been served with the Request before your answer is due, you have 50 days after the service of the Request to respond.

However, if you have already served your Answer when the request is served, you have just 30 days (calendar days) in which to respond to the request. Here is a link to the Rule:

http://www.stcl.edu/library/TexasRulesProject/TRCP194-199/rule1942004.htm



Under Texas law, the failure to fully respond, or to respond at all, is considered an abuse of the Discovery Process, and the opposing side can file a Motion to Compel the responses and ask that the court order you to pay their attorney fees related to the filing of the motion. If you are then ordered by the court to respond and you again fail, you could be held in contempt, fined or in a worst case scenario, even have your Answer Stricken and judgment granted to the Petitioner on their motion.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.


Oh! My. I am not the respondent. The respondent is 15 day pass his 50 days. He has not given one piece of disclosure information. If he does not give the information requested than the court could order attorney fees paid. Does this happen very often? Thanks for your time.

Expert:  LawTalk replied 1 year ago.
Hi Janice,

As you didn't mention who you were, I apologize---but the law is the same regardless of who you are.

As I stated, when the disclosure is late, you need to file a Motion to Compel. You ask the court to order them to respond and to order that they pay your attorney's fees in the motion. Yes, this happens all the time.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and other Family Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Janice. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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