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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I live in Texas and can't afford an attorney but need to

Customer Question

I live in Texas and can't afford an attorney but need to modify my child custody agreement due to my ex drinking and driving with my child. I have witnesses to it and he was arrested for a DWI at 10:30 yesterday morning. I filed a petition to modify at the district clerks office but don't know what to do now and need help! How do I call witnesses? Can I get someone to be a witness in writing if they live out of town? Where can I get the forms to take to court?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


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

Now, you wait until the Father has been served with the Modification. He has 20 days to respond. At that time, a hearing date will be set. I suggest once you get a copy of the Response served on you, you can contact the clerk of the court and request it be set for a hearing.

As to the witnesses you may ask them if they will appear willingly. But if you do not want to chance they will show up on their own, then after you get a hearing date you ask the clerk for a subpoena for the witness and have them served. They would then be under court order to appear.

If they live out of town and you do not want them to appear, you can have them write an Affidavit stating in detail what they saw that day first hand as it pertains to the DWI. They will then sign that in front of a Notary and mail it to you. At the hearing, you will have a copy for you self, the court and the other party and request to submit it as witness testimony. In the Affidavit, they will state where they live and that they cannot appear in person because of a travel hardship.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you