Rule 194

My question involves a child custody case from the State of: Texas

How do we fill this out in regards to a custody modification? What exactly is needed for each question? Thank you!

You answer as truthfully as you can.

click here and scroll down to 194

We have but the following are confusing:


(c) the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (Do we put down why we filed for custody modification?)

(d) the amount and any method of calculating economic damages;


(f) for any testifying expert: Do we put down any people that investigated the improper conduct with the minor child?

(1) the expert's name, address, and telephone number;

(2) the subject matter on which the expert will testify;

(3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;

(4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party:

(A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and

(B) the expert's current resume and bibliography;

(g) any indemnity and insuring agreements described in Rule 192.3(f);

(h) any settlement agreements described in Rule 192.3(g);

(i) any witness statements described in Rule 192.3(h);

(j) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;

(k) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.

(l) the name, address and telephone number of any person who may be designated as a responsible third party.

Yes to the first, and yes to the second if the people are actually going to testify.

Thank you. For (h) do we put down the offer we are making the CP for exchange of custody? For (g) do we put done any health and life insurance policies?

H) If you don't mind, could you elaborate on what sort of exchange/offer? There's a reason I'm asking.

G) Who are the beneficiaries?

(H) We are offering to decline child support and decline to have the CP place the child on a health insurance policy in exchange for primary custody of the child. We know that child support/insurance premiums would create a financial hardship for the CP as the other children in the household are on CHIPS and the CP is uninsured. The child is under our families health insurance policy already and the child support we wouldn't be paying anymore would be in our mind (and budget) like the CP is paying.

(G) We do not have a life insurance policy on the child but we do have them on ourselves with the beneficiaries being our children.

(J) and (K) have been omited by the CP's lawyer

How does the other parent feel about changing custody?

Is there a change of circumstance?

The CP is resistant due to wanting to protect their reputation in the small town they reside. There is a definite change in circumstance due to the minor child feeling unsafe in the home because of the step parents borderline sexual misconduct and the CP refuses to listen. CPS has told CP that the step parent is grooming the child. The step parent has a very ugly criminal past but now claims to have found God. (again :rolleyes:)

Okay, here's the problem. That's not actually a CoC since CPS have not seen fit to remove the child, nor acted to restrict or restrain the stepparent. I do find it hard to believe they haven't acted if indeed the stepparent is grooming the child. That doesn't sound...right.

Therefore it's highly unlikely that the NCP can use that as a reason to modify custody against the wishes of the CP. NCP needs to be prepared for a long and costly battle that will likely not be won.

NCP needs an attorney. Now. And NCP needs to not "barter" using child support; it will look as if the parents are buying and selling the child.