The other side just filed a motion. Maybe it’s a motion to modify custody. Maybe it’s a motion for enforcement. Maybe it’s a motion to compel discovery. Whatever it is, it landed on your doorstep — and now you have a deadline.
How you respond to that motion matters enormously. Filing nothing is not an option. Filing something late is almost as bad. And filing something poorly drafted can hurt your case even if you’re right on the merits.
Here’s how to do it correctly.
First: Read Everything Carefully
Before you do anything else, read the motion completely. Understand exactly what the other party is asking the court to do. Then read the certificate of service — that tells you when you were officially served, which starts your deadline clock running.
In Texas family courts, response deadlines are typically governed by the Texas Rules of Civil Procedure. A general response to a motion is typically due at least 7 days before the hearing, though some motions have specific rules. Your local county rules may impose additional requirements. Check both.
What a Response to a Motion Does
A response to a motion tells the court three things:
- That you oppose the motion (or agree with it — more on that below)
- Your legal and factual basis for your position
- What you want the court to do instead
If you don’t file a response, the court may treat the motion as unopposed and grant it by default. This happens constantly with pro se litigants who didn’t know they needed to respond. Don’t let this happen to you.
The Structure of a Response
A proper response to a motion in Texas typically contains:
Caption and case information — your cause number, court, parties, and the title of your document (e.g., “Respondent’s Response to Petitioner’s Motion to Modify”).
Introduction — one or two sentences identifying what motion you’re responding to and your overall position.
Background / Statement of Facts — your version of the relevant facts, written clearly and chronologically. Stick to facts that are relevant to the motion — not everything that’s ever happened in your case.
Argument — this is where you explain why the motion should be denied (or modified). Address each argument the other side made. Cite the law where you can — Texas Family Code sections, case law if you have it.
Prayer — what you’re asking the court to do. “WHEREFORE, Respondent respectfully requests that the Court deny Petitioner’s Motion to Modify in its entirety.”
Signature block and certificate of service — your name, address, phone, email, and a statement that you served the other side with a copy of your response.
What to Attach
If your response relies on documentary evidence — text messages, financial records, prior orders, school records — attach them as exhibits. Label them clearly (Exhibit A, Exhibit B, etc.) and reference them in your argument. Evidence attached to a motion or response is not automatically admitted at a hearing, but it gives the judge context and strengthens your written position.
What Not to Do
- Don’t make it emotional. The response is a legal document, not a letter to a friend. Keep it factual and professional.
- Don’t dump in everything. Stay focused on what the motion is actually asking. Responding to a motion to modify with a rant about child support violations from three years ago confuses the court and weakens your credibility.
- Don’t miss the deadline. If you need more time, file a motion for continuance — but don’t just miss it silently.
- Don’t forget to serve the other side. Every document you file must also be served on opposing counsel or the other party. File the certificate of service with the court.
When You Agree With the Motion
If you actually agree with what the other side is asking for, you can file a response that says so — or simply not oppose it. But make sure you fully understand what you’re agreeing to before you do nothing. A motion you don’t respond to becomes an order you’ll have to live with.
Get It Right the First Time
Responses to motions are one of the most common things I help my students with. The deadline pressure is real, the stakes are high, and a poorly drafted response can make a winnable position look weak. Let’s work through it together.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach