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How do I file a Motion to Reconsider in a Texas Family Court?

Houston, TX |

A judgement was given that I have to have supervised visits with my kids for a year. As long as I comply with everything for this year, I would get my full rights to my kids next year, unsupervised. I want to file a motion to reconsider as I have already had 1 year and 5 months of supervised visits with my kids previously to the verdict, as the case was drawn out for that length of time. Even the judge stated that this case took entirely too long. What are the steps and proper documentation as I want to do this myself.

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Attorney answers 4


You need a motion to modify not reconsider.


I would like to know "Did you have an attorney while going through this process and receiving the supervised visitation or did you represent yourself?" ... In answering your question, Do you file a motion to reconsider? my answer would be this depends on how long it has been since the judgment was entered. A motion to reconsider may not be proper. You may need to file a Motion to Modify the current Order. If you had one year supervised visitation while the case was pending, then your lawyer should be able to get you credit for that time. Contact a lawyer to help with your modification or motion to reconsider whichever applies to your circumstances.


Was there a trial in this case or was this visitation arrangement something you ended up agreeing to? If there was a trial where witnesses testified and then the Court made a ruling then you have 30 days after entry of the order to file a Motion For New Trial in the district court or notice of appeal to the appellate court. If this visitation arrangement was something you ended up agreeing to then you cannot do a motion for new trial or appeal and you would have to file a new suit to modify the order.


You should not undertake representing yourself because the area in which you seek or need help is too complex to attempt to represent yourself. If a judgment has been signed, you have 30 days to file any post-trial motions. You have other time limits to file other important instruments, such as request for findings of fact and conclusions of law. You should consult an attorney immediately. If it has been more than 30 days since a judgment was signed, your remedy may be to file a new suit, called a modification, but different rules apply to modifications, including the requirement to show a material and substantial change in circumstances of the parties or the child or children and evidence generally being limited to the time period since the last court order.

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