Wylie, TX asked in Child Custody and Family Law for Texas

Q: Efiled response to custody petition. Tried to file additional document days later to find out case had been transferred

I was served by citation for petition to modify parent/child relationship. I filed an "inability to pay statement" and a quick "general denial response". My intentions were to work on either an "amended or supplemental response" or "counter-petition" and then e-file them. When I did, it was kicked back out with an explanation that the case had been transferred, along with new court and case#. I pulled new case up. Shows all records from old case plus 10 new documents were transferred. They had began filing3 petitions and motions since January 2020 which I never received service on. Motion and Order for venue was said to be served by email (but not my emails). Ii just dawned on me that my financial and response were filed in old case/court. That was on 12/14. Do i file same with new court or can I go ahead and file a new response with counter petition? What about the fact I had never received notice of anything including motion/order for venue or transfer. Only most recent petition.

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: File your response in the active case. Most likely, they filed the new motion as a new case, and it was transferred back to the original court, which will hear everything.

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