Finding the right family law attorney in the county you live in, who has the understanding how to properly prepare a motion in court is critical to achieving the best possible outcome for your case. Whether you’re seeking a motion to modify child custody, a motion to dismiss a case, a motion to enforce or a motion for temporary orders, the process involves a series of important steps. Below is a detailed guide designed to help you effectively prepare for filing a motion in Texas courts with your legal team.
- Understand the Purpose of the Motion
- Clarify the Issue: Begin by determining the precise legal issue that needs to be addressed in your motion with your family law attorney. Are you seeking a modification of child support, termination of parental rights, or enforcement of a divorce decree? Understanding the specific relief or action you’re requesting will help you draft a stronger motion.
- Know the Relevant Law: Find the right family law attorney who understands and knows the family law statutes in Texas, case law, and Texas Family Code provisions that directly apply to your motion. Ask questions to your legal team, be involved, your role as a client is imperative.
- Gather Evidence and Supporting Documents
- Supporting Evidence: A strong motion is grounded in compelling evidence. Whether you’re filing a motion to modify custody or a motion for contempt, evidence such as sworn affidavits, witness statements, and court transcripts may be required. This will help substantiate the legal arguments in your motion. Make sure your legal team has the requested information in a timely manner.
- Organize Evidence: It’s crucial that you present your evidence in a well-organized manner, clearly showing how it supports your legal argument. This is especially important when preparing motions for temporary orders, divorce proceedings, or any other type of family law case. This is where a timeline is imperative of how and what has happened. A good family law attorney will take your timeline and make it into their outline in court. Make sure all your dates are correct and provide screenshots, emails, or other evidence you have are provided to your family law attorney.
- Drafting the Motion
The information your attorney will provide in the drafting of the motion is very important, below is a breakdown of what goes into a motion so you can understand why you are being requested to provide the information to your legal team:
- Title and Caption: A clear title identify what it is you are asking the court to do. (e.g., “Motion for Modification of Child Custody” or “Motion to Enforce Child Support Order”). This will include the style that has the names of the parties, the case number, and the court name.
- Introduction: A brief explanation of the purpose of the motion and why the court should grant it.
- Statement of Facts: A clear and concise summary of the facts that are relevant to your motion, ensuring that you focus on the legal aspects that impact the family law issue at hand. This goes back to the timeline your legal team will be requesting you do.
- Legal Arguments: This is the core of the motion. Your attorney will cite applicable Texas Family Code provisions, Texas Rules of Civil Procedure, and relevant case law that support your position along with the evidence you provide to back up the claim/statement of facts.
- Request for Relief: Clearly stating the relief you are seeking, whether it’s custody modification, enforcement of a court order.
- Conclusion: Reiterate why the court should grant the relief you are requesting based on the facts and law presented.
- Signature: Your family law attorney will sign the document.
- Ensure Proper Format
- Follow Court Rules: This is why it is important to hire the right experienced family law attorney for your case. It is important your motion complies with the local rules in the county you live in, as well as the Texas Rules of Civil Procedure. Adhering to formatting requirements, such as font size, margins, and page limits, will help your motion meet the court’s standards.
- Prepare Supporting Documents
- Affidavits and Declarations: Sometimes it is necessary to prepare sworn affidavits or declarations from witnesses, which must be properly notarized.
- Exhibits: If submitting evidence (e.g., email exchanges, child support records, photos), make sure they are well-organized and clearly referenced within the body of the motion. You will also need to make sure they are in compliance with your local court rules.
- File the Motion
- File with the Court Clerk: After preparing your motion and supporting documents, your legal team will file them with the court clerk in the appropriate jurisdiction. Ensure you are mindful of any deadlines for your legal team sets, as these can impact the timing of the case.
- Electronic Filing: The courts in Texas counties require all pleadings be e-filed. Your legal team will e-file the pleading
- Serve the Motion on the Other Party
- Serve All Parties: Service to all parties is required. Your attorney will ensure that all opposing parties, such as the other parent in a divorce case or a custody dispute, receive a copy of your motion. This allows them to respond and ensures fairness in the process. You will need to provide the last known address, phone number, e-mail address or even social media of the opposing party to ensure your legal team has the right person for service.
- Proof of Service: Once service has been completed by a neutral third party, your family legal team will file a certificate of service with the court to confirm that all parties were properly notified of your motion.
- Prepare for a Hearing (If Applicable)
- Schedule a Hearing: If a hearing is required (for example, a motion to modify child support or request for temporary orders), your lawyer will contact the court to schedule a hearing.
- Prepare for your Hearing: Be prepared to include any child custody papers, divorce papers, or evidence that support your claim to your legal team. Expect to meet with your attorney prior to your hearing to prepare. You will go over how to testify, what to expect, where to meet, and what will happen.
- Bring Supporting Documents: Your legal team will ensure all exhibits, affidavits, and other evidence are properly organized and ready for presentation during the hearing.
- Follow Up After the Motion
- Review the Court’s Decision: Once the judge has ruled on your motion, your attorney will carefully review the ruling. If you have questions on what happens, or how the judge’s ruling will impact what you ask, make sure you ask.
If the motion is granted, your legal team will ensure compliance with the court order. If it is denied, assess whether appealing the decision or filing a new motion is the next best step.
By following these steps, your family law attorneys who have experience in your county can efficiently prepare motions and increase the likelihood of achieving favorable outcomes for you, their client. A well-prepared motion supported by evidence and clear legal reasoning is key to success in family law matters, such as divorce cases, child custody disputes, and child support enforcement. Always keep in mind that your family law case will only be as good as the information you provide for your attorney and your legal team.