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When filing a motion for dismissal in Tarrant Co, Texas, do I have to also send an order for the judge to sign?
Anonymous9 views1 answers
I'm in PA, husband moved to TX a year ago, chose not to have me & our son join him. He filed for divorce in TX but I want it dismissed and to file here due to jurisdiction regarding our son. (He does not want physical custody, hasn't even seen him since he left) I've written up the motion to dismiss due to lack of jurisdiction, and a notarized affidavit - but don't know if I also need to include an Order or if the court takes care of that. I'd also like clarification if the TX statute 155.201 is the correct one to cite or not.
I don't know of a specific rule that REQUIRES you send an order in, though every judge would expect an order along with a Motion after the hearing on the motion. Has a hearing been set yet? I would be surprised if a judge would act on the motion without a hearing under normal circumstances. You'd probably have to ask the judge to rule based only on the pleadings and written documents, and your husband probably won't agree.
Most attorneys are dying for business. You might want to talk to one of us about arguing this motion for you.