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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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If one party files an enforcement order and a hearing date

Customer Question

If one party files an enforcement order and a hearing date was given. Can the other party file a visitation modification and both get heard on the same date. If so how much time must be given to assure they are heard on the same date
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will provide you information in this regard.

Expert:  Samuel II replied 1 year ago.

The Modification may be filed, and a request to be heard at the same time may be made. However, the court is not obligated to hear both on the same day. The other party can argue against it and in addition the court's docket may not allow it.

Texas law:

Sec. 157.061. SETTING HEARING. (a) On filing a motion for enforcement requesting contempt, the court shall set the date, time, and place of the hearing and order the respondent to personally appear and respond to the motion.

(b) If the motion for enforcement does not request contempt, the court shall set the motion for hearing on the request of a party.

(c) The court shall give preference to a motion for enforcement of child support in setting a hearing date and may not delay the hearing because a suit for modification of the order requested to be enforced has been or may be filed.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions. Thanking you in advance for a positive rating.