Counter Petitions in Family Law Cases

In family law cases, legal proceedings often begin when one party files a petition to initiate the process, such as a petition for divorce or custody modification. The other party in the case is not limited to merely responding to the initial petition, however. Rather, they have the option to file a counterpetition, which allows them to assert their own claims and requests before the court. Counterpetitions in family law cases play a crucial role in protecting the rights of both parties and ensuring that the court considers all relevant issues. If you want to understand more about your options for protecting your interests in a family law dispute, it is crucial to meet with an attorney as soon as possible. The skilled Dallas family law attorneys of McClure Law Group have extensive experience representing clients in family law matters, and if we represent you, we will aggressively pursue the best legal result possible in your case.

In Texas family law disputes, the party that initiates a case will typically file a petition, asking the court for certain relief. The responding party will then be required to generally file an answer to the petition, or else they will waive important rights. They have the option of filing a counterpetition as well, which is a pleading that sets forth independent claims or requests that the respondent wishes the court to address.

In family law cases in Texas, counterpetitions are governed by the Texas Family Code (the Code), which outlines the procedures and rules for filing petitions and counterpetitions in disputes such as divorce, custody, child support, and spousal maintenance.

Counterpetitions are commonly employed in divorce actions. For example, the spouse who did not file the original petition may wish to file a counter petition to assert their own claims regarding property division, custody, or spousal maintenance. Texas is a community property state, meaning that all assets acquired during the marriage that are not specifically separate property are subject to equitable division. However, without a counter petition, the responding spouse may be limited to addressing the claims raised in the original petition, rather than bringing their own requests for how property should be divided. Filing a counter petition ensures that both parties' positions are considered, allowing the respondent to assert their rights to certain assets or request spousal support.

Counterpetitions in family law cases are particularly important when children are involved, as they allow both parties to request specific custody or visitation arrangements. Under the Code, the court’s primary concern in child custody cases is determining what is in the best interests of the child. If a parent disagrees with the custody or visitation arrangements proposed in the original petition, they can file a counter petition to outline their own preferences. For example, the counter petition may request joint managing conservatorship, a different visitation schedule, or primary custody of the child. By filing a counter petition, the respondent has the opportunity to actively participate in shaping the court’s decisions regarding the child’s upbringing and ensure that their rights as a parent are protected.

It is important to note that counterpetitions do not have to be filed at the same time as answers; Instead, the Code requires that all counterpetitions be filed in a timely manner, usually within a specific period after the respondent has been served with the original petition. Failure to file a counterpetition can limit a party’s ability to raise certain claims or request specific relief from the court.

A common misconception about counterpetitions in family law cases is that filing one will automatically lead to a more adversarial process. While it is true that counterpetitions can set the stage for litigation, they are also vital tools for protecting a party’s rights and ensuring that the court considers all relevant issues. In many cases, filing a counterpetition can actually lead to a more balanced and equitable resolution by allowing both parties to present their claims.

If you are involved in a family law case and are considering filing a counterpetition, it is essential to seek legal advice as soon as possible. The experienced Dallas family law attorneys at McClure Law Group are here to help you navigate the complexities of Texas law and fight to protect your interests. Our primary office is located in Dallas, and we also meet clients by appointment at our Collin County office in Plano. We frequently represent clients in family law cases throughout Dallas, Garland, Rockwall, Fort Worth, McKinney, Irving, Frisco, and Richardson, as well as in cities throughout Dallas, Collin, Denton, Grayson, Tarrant, and Rockwall Counties. Contact us today at 214.692.8200 or fill out our online form to schedule a consultation.