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Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child's new county.
When filing a motion for modification, there are two requirements the court looks for: (1) You must show what is called a substantial change in circumstances, and (2) you must show that the modification is good for the child.
Follow these steps to file a motion or an opposition:Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion/opposition.File the forms.Serve the other party.Get ready for the hearing.Prepare an order.
OverviewYou write your motion.You file your motion with the court clerk.The court clerk inserts the date and time your motion will be heard by the judge.You serve (mail) your motion to the other side.The other side files a written opposition to your motion with the court.More items...
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction. There are a variety of motions, and it has become standard practice to file certain kinds of motions with the court based on the type of case.