How to File a Motion in Family Court in Texas

When dealing with a family law dispute in Texas, whether it’s child custody, visitation, child support, divorce, enforcement, or modification, there are times when you may need the court to step in and take action. This is where filing a motion becomes necessary.

A motion is simply a formal request asking the judge to decide or order something in your case. While the word “motion” might sound intimidating, the process can be straightforward once you understand the steps involved.

What Is a Motion in Texas Family Court?

A motion is a written request asking the court to take a specific action. In family law cases, people commonly file motions to:

Change (modify) a custody or visitation order, enforce an existing court order, request temporary orders, adjust child support, compel the other party to provide information, ask for emergency protection or seek clarification on an order

In simple terms, a motion tells the court: “Something needs attention, please review and make a decision.”

Steps on How to File a Motion in Family Court in Texas

1. Identify the Type of Motion You Need

The first step is knowing what you want the court to do. Common types of motions include:

• Motion to Modify (custody, visitation, child support)
• Motion for Enforcement (when the other party violates the order)
• Motion for Temporary Orders (before the final hearing)
• Motion to Compel (force the other party to respond)
• Emergency Motions (when immediate action is needed)

Choosing the correct motion ensures the court addresses the right issue.

2. Prepare the Motion Form

A motion must be in writing. In Texas, most courts require:

• A clear title (e.g., “Respondent’s Motion to Modify Child Custody”)
• A detailed explanation of what you want
• Facts supporting your request
• A legal basis (if applicable)
• A signature and your contact information

Some counties have their own templates. Your attorney can prepare the motion properly to avoid errors or delays.

3. File the Motion with the Court Clerk

Once the motion is ready:

• File it in the same court that handled your original family case.
• You can file in person or electronically (many counties now require e-filing).
• Pay the filing fee unless you have a fee waiver.

The clerk will timestamp your motion and place it in your case file.

4. Serve the Other Party

Texas law requires the opposing party (or their attorney) to be notified of your motion. This can be done through:

• Certified mail
• A process server
• Constable delivery
• E-service (if permitted)

The court will not consider your motion unless the other party has been properly served.

5. Schedule a Hearing (If Required)

Some motions require a hearing; others may be decided based on written submissions. For hearings:

• Contact the court coordinator to set a date
• Make sure the other party receives notice of the hearing
• Prepare your testimony and evidence

Having an attorney present significantly increases your chances of success.

6. Attend the Hearing and Present Your Case

At the hearing:

• Each side explains their position
• Evidence may be presented
• The judge asks questions to understand the facts
• Both sides may offer witnesses or documentation

After reviewing everything, the judge will make a ruling.

7. Receive the Judge’s Order

Once the judge makes a decision:

• They will sign an order granting or denying your motion
• You must follow the updated court order
• The order becomes legally enforceable immediately

If the ruling is unfavourable, your attorney can advise on appealing or requesting a modification later.

Important Tips When Filing a Motion in Texas Family Court

Be Clear About What You Want

Judges appreciate motions that are straightforward, logical, and well-organised.

Provide Evidence

Text messages, emails, financial documents, photos, medical records, or witness statements can strengthen your motion.

Know Your County Rules

Texas counties often have their own procedures and deadlines.

Avoid Emotional Language

Stick to facts. Judges respond to evidence, not emotion.

Use an Attorney When Possible

A single mistake in a motion can delay your case or hurt your chances. A lawyer ensures accuracy and strategy.

Final Thoughts on How to File a Motion in Family Court in Texas

Filing a motion in family court is a powerful way to protect your rights and ensure your family law issues are addressed properly. It may seem like a behind-the-scenes legal step, but it has a major impact on the outcome of your case.

Whether you want to modify custody, enforce child support, or get temporary protection orders, knowing the process helps you make informed decisions. But you don’t have to navigate it alone.

Filing a motion doesn’t have to be overwhelming. At Mokolo Law Firm, we guide clients through every step of filing a motion, drafting, filing, serving, and representing you in court so you can focus on what matters most: your family and your peace of mind. If you need help with filing a motion or any family law issue in Texas, we are here to support you.