What does a general denial in family law entail?

Family Law
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What should I do if the respondent files a general denial in a family law case?

Hello,

I’m representing myself as the Plaintiff in a custody and visitation case and couldn’t find a pro bono attorney.

Today, the defense filed a “General Denial” response.

How should I respond to this? My original petition was quite detailed and included substantial evidence.

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First and foremost, keep in mind that any advice you receive might not be entirely accurate. It’s crucial to consult with an attorney in your area or jurisdiction. In Texas, for instance, you generally don’t need to file a response to a general denial (which essentially means “I’m not defaulting”) unless you’re seeking a specific action or relief. Usually, if the respondent wants to request their own relief, they’ll file a counterpetition after submitting their general denial. However, local rules and procedures may vary, so it’s important to seek professional legal advice, even if you don’t engage a lawyer for the entire case.

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I’m based in Houston, Texas. I’m planning to request a hearing tomorrow to seek an order for temporary visitation.

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A general denial in custody cases means the respondent denies all allegations without providing specific counterarguments. While it can be frustrating, it’s a procedural tactic that requires you to prove your claims in court.

How to Proceed:

  • Prepare Your Evidence: Collect documents like medical records, school reports, and witness statements.
  • Consult with an Attorney: Get legal advice to understand the implications and next steps.
  • Be Ready for Discovery: Respond to any additional information requests from the other party.
  • Attend Court Hearings: Be prepared to present your case and evidence in court.
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A general denial is a common tactic used by respondents in custody cases, where the other party denies all allegations in your petition without addressing them individually.

Though it may be frustrating, it doesn’t necessarily reveal their intentions or the strength of their case. Instead, it’s a procedural move that requires you to present and prove your claims in court.

Steps to Take:

  1. Gather Evidence: Collect all relevant documents, such as medical records, school reports, and witness statements, to support your case.
  2. Seek Legal Counsel: If possible, consult with an attorney to better understand the impact of a general denial and receive guidance on how to proceed.
  3. Prepare for Discovery: Be ready for the other party to request information or documents, and respond accordingly.
  4. Attend Court Hearings: Be fully prepared to present your evidence and argue your case in court.