Form 41-4

The respondent’s answer should be limited to a response to the matters set out in the petition. Claims for affirmative relief should not be included in the answer but should instead be set out in a counterpe­tition, which may be filed as a separate document or immediately following the answer in the same document. An answer to a counterpetition should be filed by the petitioner/counterrespondent. If the respondent contests personal jurisdiction, a special appearance must be filed before any other pleading. See form 41-3.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Respondent’s Original Answer

[Name of respondent], Respondent, files this original answer. [Include the following if this is respondent’s initial pleading: [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]]

Preservation of Evidence: Petitioner is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Petitioner’s possession or subject to Petitioner’s control and electronic documents, files, or other data generated by or stored on Petitioner’s home com­puter, work computer, storage media, portable systems, electronic devices, online reposito­ries, or cell phone.

1.Objection to Assignment of Case to Associate Judge

Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

2.Information about Child[ren]

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

Information required by sections 154.181(b) and 154.1815(c) of the Texas Family Code is provided in the statement attached as Exhibit [exhibit number/letter].

3.Denial of Allegations

Respondent admits the allegation[s] in paragraph[s] [number[s]] of the Petition to Mod­ify Parent-Child Relationship and denies every other allegation in the suit to modify.

Respondent enters a general denial.

4.Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Respondent to secure the services of [name], a licensed attorney, to prepare and defend this suit. [Include if applicable: Petitioner’s suit to modify was filed frivo­lously or is designed to harass Respondent.]

[Include if applicable: If the parties are unable to reach an agreement on all issues,] Peti­tioner, [name of petitioner], 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 and be ordered paid directly to Respondent’s attorney, who may enforce the judgment in the attorney’s own name. Respondent requests postjudgment interest as allowed by law.

5.Prayer

Respondent prays that all relief prayed for by Petitioner be 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 requests a jury trial and pays the jury fee of $[amount].

Respondent prays for general relief.

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]