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What is the name of your state (only U.S. law)? Texas

Those not familiar with my case I filed for a protective order and modification of parent/child relationship against my ex because of abuse. Protective order agreement was reached outside of court. I no longer have an attorney due to my attorney's conduct in court.

I received in the mail a "respondent's original answer" asking that I pay his attorney costs because "petitioner's suit to modify was filed frivolously or is designed to harass Respondent". That is entirely untrue. I do not want to have to retain an attorney just to have them respond to this letter so how can I do that myself? Is there a proper outline that I need to follow? Who do I submit my answer to? The Court or to my ex's attorney? What should my answer say exactly? His attorney also attached proof of medical insurance to the form. I have never denied that he covered the children, but he did not supply me with the necessary military ID card to allow my children to obtain coverage. This was documented by his chain of command.

The following is what I was mailed:

Dad, Respondent, files this original answer. The last three number of Respondent's driver's license number are XXX. The last three numbers of the Respondent's Social Security number are XXX.
1.Information about Children
Information required by section 154.181(b)(1) of the Texas Family Code is provided in the statement attached as Exhibit A.

2.Denial of Allegations
Respondent enters a general denial

3. Attorney's fees, Expenses, Costs and Interest
It was necessary for Respondent to secure the services of (attorney's name), a licensed attorney, to prepare and defend this suit. Petitioner's suit to modify was filed frivolously or is designed to harass Respondent.

Petitioner, mom, should be ordered to pay reasonable attorney's fees, expenses and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Petitioner; or, in the alternative, Respondent requests that reasonable attorney's fees, expenses, and costs through trial and appeal be taxes as costs and be ordered paid directly to Respondent's attorney, who may enforce the order in the attorney's own name. Respondent requests postjudgment interest as allowed by law.

4. Prayer
Respondent prays that all relief prayed for by Petitioner by denied and that Respondent be granted all relief requested in this answer.
Respondent prays for attorney's fees, expenses, and costs as requested above.
Respondent prays for general relief.
 


Even for just a response? The attorney that represented me in the protective order is still technically my attorney because him removing himself has not gone before the judge yet. But, I have no interest in continuing to use his services. Can I retain another attorney before he is officially taken off?
 

wileybunch

Senior Member
Even for just a response? The attorney that represented me in the protective order is still technically my attorney because him removing himself has not gone before the judge yet. But, I have no interest in continuing to use his services. Can I retain another attorney before he is officially taken off?
I think the fact you asked ....

Who do I submit my answer to? The Court or to my ex's attorney?

... was reason to think you would have a steep learning curve to represent yourself and you can't afford the time to do it (or afford to lose your case).
 

LdiJ

Senior Member
Even for just a response? The attorney that represented me in the protective order is still technically my attorney because him removing himself has not gone before the judge yet. But, I have no interest in continuing to use his services. Can I retain another attorney before he is officially taken off?
You honestly need another attorney. You came to an agreement so his attorney shouldn't even be asking for that relief at this point...particularly since his attorney appeared to recognize that the situation was different than his client lead him to believe. (I reviewed your posting history)

Therefore you really shouldn't proceed without an attorney. Find another one and let that attorney handle the change with the court.

However, if you haven't sent your previous attorney a letter stating that his services were no longer required, do that now.
 
Is it possible to just pay an attorney to prepare my response without fully retaining their services? After putting down the retainer for an attorney who I should have never hired I just simply don't have a ton of money to retain another attorney, especially if I only need their services to respond to this. If there isn't a way to pay an attorney to just respond to this is there anyone here that can help me with the format of my response?
 

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