Welcome to the Texas Parental Rights Association.

Constitutional Challenges Package for Your Personal Case

(the constitutional arguments of this package apply to every USA child custody case everywhere)
(specifically drafted for Texas cases, notes are also provided on how to modify for any other State)

Using the exact same five (5) main constitutional challenge arguments as the TexasPRA class action lawsuit is based upon, this free multi-item package of interrelated filings allows you to immediately put a stop to any and all nonsense within your own personal Texas family court case between you and the other parent, also demanding that all less than 50-50 parenting time lost, and all various monies, be returned in full or otherwise compensated, along with other relief as applicable, by simply following the below preparation and filing steps in that proper sequence.  In short, you are challenging jurisdiction from the very beginning, by challenging the child custody statutes that all child-related issues in your case have been based upon, as facially unconstitutional, for each of those same five (5) glaring arguments.

Step 1 -- Prepare the Main Triplet Salvo

First, you need to know whether or not "the Attorney General" (Paxton) is an already-existing party within your case.  Double-check as needed by looking at your online case docket, which case header information, or perhaps by a separate "tab" or whatever, will list all parties in your case.  If the parties listed in your case, besides you and the other parent, also includes another party listed as either "State" or "Texas" or "State of Texas" or "Attorney General" or "OAG" or "Title IV-D" or "IV-D Agency" or similar, then "the Attorney General" already *IS* a party in your case, and therefore must also be listed as a party served within the final Certificate of Service section of each document in this package.

Next, you need to complete the official Texas state form for challenging the constitutionality of state statutes, and print that as-completed form into its own standalone PDF file.  It is a simple one (1) page form, available directly from that particular official Texas Courts webpage, or in case "they" try to obstruct and interfere by suddenly moving or erasing that webpage, you can also get that exact same official state form here (current 2025 version).

Fill out the upper areas of that form per your own personal case and court information, and per your own personal information.  Then copy and paste and checkbox everything else exactly like from this example template, except to indicate whether or not "the Attorney General" is already an existing party in your personal case (check "Yes" or "No" as per your case).  After copying/pasting that last multi-line part into the final big text box on the form, you may need to re-add spacing between the different "paragraphs" to be as shown upon the example template itself.  Then print your working completed form into its own separate standalone PDF file, using an appropriate filename that your family court intake clerks will very easily recognize (and not make any "mistakes" about...), like "constitutional-challenge-form-[your case number].pdf" (i.e., use your own case number for the end of that PDF filename).

Next, personalize your formal Notice of Constitutional Challenges to Texas State Statutory Schemes.  If "the Attorney General" is **NOT** yet a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  If "the Attorney General" already **IS** a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  Then simply make the top of the first page "case styling" header area to be like your own case documents, then swap-in your own name and correct party label and signature areas as needed throughout, and substitute in service party names and addresses as appropriate within the final Certificate of Service section, which section must list *all* parties currently in your case.  Refer ahead to Step 2 below for what date you should put as the date within that Certificate of Service.  Save your editing work, and then print that completed document to its own standalone PDF file, which filename should basically be the same as the document title.

Now for a technical task, you "append" your already completed standalone official state constitutional challenge form, that you made above, onto the end of your above new Notice PDF file, so that the completed form is built-in attached as that one-page Exhibit A to the back of the Notice itself, i.e., as a single combined PDF file.  Ask a friend for more help if needed, but the basic process is this - open the form PDF file, and start to print as another PDF, but for the filename, you actually select the Notice file, at which point your PDF software should *ask* you if you wish to either overwrite the Notice file selected or simply append to it, which is what you want to do, just append, so do that.

Then, personalize your formal Motion to Vacate All Child-Related Orders for Lack of Jurisdiction.  If "the Attorney General" is **NOT** yet a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  If "the Attorney General" already **IS** a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  Then simply make the top of the first page "case styling" header area to be like your own case documents, then swap-in your own name and party label and signature areas as needed throughout, and substitute in service party names and addresses as appropriate within the final Certificate of Service section, which section must list *all* parties currently in your case.  Refer ahead to Step 2 below for what date you should put as the date within that Certificate of Service.  Note that there are a couple of REDLINED item lines within the relief section that you must either detail out (and change back to all regular BLACK text...) or simply delete if such is not applicable to your own situation.  Likewise, if applicable, add another line-item about restoring your driver's license and/or professional license(s).  Save your editing work, and then print that completed document to its own standalone PDF file, which filename should basically be the same as the document title.

Step 2 -- File/Serve the Main Triplet Salvo

Plan ahead to start your new filings on either a business Monday, Tuesday or Wednesday, or on a Thursday ONLY if "the Attorney General" is already a party in your case, because this package is designed to be filed over either two (2) or three (3) consecutive court business days (as further explained below) without any weekend or holiday interruptions in that process.

With your main triplet opening salvo now all prepared per Step 1, you simply use the Texas e-File system to e-file and e-serve all three (3) above items in that same sequence, starting with filing the form itself as a standalone filing (use the category or classification of "Notice" for filing that form), then next file your Notice of Constitutional Challenges to Texas State Statutory Schemes (also as a "Notice"), and finally file your Motion to Vacate All Child-Related Orders for Lack of Jurisdiction (as a "Motion").  If you have already established "inability to pay" status within your case prior, then you can file your Motion as ("Motion, no fee").  If in any doubt, ask a friend to help guide you through the e-filing process.

Lastly, just for good and extra measure, and also because some court staff within Texas are actually obstructing justice by either delaying or even refusing to accept and process filings from pro se litigants, you will also email a "courtesy copy set" of all three (3) PDF items, that you just e-filed, directly to Paxton's constitutional litigation staff as follows:

a) start a new email, from your same email address that you used on all the above three (3) items, and address it to [email protected]
b) add/use an email Subject line of... Notice of Facial Challenges to TX Statutes, case # [your case number]
c) attach all three (3) of your new PDF filings just filed
d) add/use an email Body text of...
To Whom It May Concern:
Attached, please find a courtesy copy set of the three (3) new filings in my case raising various facial and as-applied challenges to a pair of related state statutory schemes.
If you have any questions, please do not hesitate to ask. Until then, I remain,
Sincerely Yours,
[your full name]
[OPTIONAL - your two or three lines of mailing address information]
[your phone number - same as on your new filings]
[your same email address again]
e) and click Send

If for some reason you actually need to file papers the old-fashioned way (physical papers presented at the physical clerk's counter), you'll need to change your signature blocks and Certificate of Service sections on your documents to properly reflect that different method of filing and mail service, so again, ask a friend for any guidance as needed.

Step 3 -- Next Day, File the Plea to the Jurisdiction

On the second business day, file your Plea to the Jurisdiction and Motion for Continuance, which clarifies that any and all other pending matters must be "abated" (stopped, ceased, stayed, postponed) until AFTER your newly filed constitutional challenges to the court's jurisdiction are FIRST addressed.  And because only "the Attorney General" may defend the alleged unconstitutionality of Texas state statutes, to also continue any pending matters for at least the forty-five (45) days by law that Mr. Paxton's Office gets to file responsive pleadings to your new challenges.

If "the Attorney General" is **NOT** yet a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  If "the Attorney General" already **IS** a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file).  Then simply make the top of the first page "case styling" header area to be like your own case documents, then swap-in your own name and correct party label and signature areas as needed throughout, and substitute in service party names and addresses as appropriate within the final Certificate of Service section, which section must list *all* parties currently in your case.  Realize the new date for what date you should put as the date within that Certificate of Service.  Also, this filing references back to "yesterday's" date of filing your opening salvo triplet, so make sure to fix that cited date too.  Note that on page 3 there are a pair of Other Parent references plus the corresponding "s/he" as well, which should be the name of opposing counsel (if your other parent has an attorney), as in Mr. Black, or Ms. White, or else use the other parent's name if they are also pro se in the case, plus change that red text back into normal black text....  Save your editing work, and then print that completed document to its own standalone PDF file, which filename should basically be the same as the document title.  And then e-file that when ready, using either "Notice" or "Motion" as your e-filing category classification.

Step 4 -- If Needed, Then File the Notice of Court Duty

This step ONLY applies if "the Attorney General" is NOT a party in your case yet, otherwise proceed on to Step 5.

If after your first two (2) business days of filings (Steps 2 and 3 above), the clerk personnel still have not formally issued out constitutional challenge notice of some kind to the Attorney General, as specifically notated by a new relevant entry of some kind added upon your case docket, then "remind" them of their legal duty by also filing this Notice of Court Duty on the third business day.

So if you do have to remind the clerks of their duty to issue formal notice to the Attorney General because Paxton's Office is not yet a party in your case, then use any of these template file format options (MS Word '97 .doc file) (generic Rich Text Format .rtf file) (plain PDF .pdf file), and repeat all of the appropriate personalizations that you had to do to your other documents above, print your finished new document into the named PDF file, and then file that.

Step 5 -- Then Offer Settlement Terms to the Other Parent

Unless you are presently under any no-contact-at-all order, then within no more than one (1) calendar week later at most, but after you have *thoroughly* considered the different possible outcomes of the various relief section parameters and options within your new Motion to vacate everything already filed and pending, and *regardless* of whether the other parent currently has an attorney or not, craft your offered settlement terms of exactly how often and when to start making up your 50/50 share of parenting time, and your offered *reasonable* monthly rate of the other parent refunding back any child support monies that you have actually paid, versus perhaps some mixture of those together in combination with $206/child/day in civil damages compensation for whatever portion of eventual 50/50 parenting time balance that you are just never going to get under your personal case/family/related circumstances.  Proofread your proposed settlement agreement terms and refine as much as needed, and then directly email the other parent your proposed terms along with attaching all three (3) opening salvo PDF filings for their convenience.  Address said email directly "To:" the other parent, and only "Cc:" their any attorney.  Be prepared for further discussion, maintain civility always, and try to be realistic and open to actual realities and reasonable needs for the sake of your child/ren.

Miscellaneous and Notes

Naturally, you should seek out competent advice, prior to filing any of these items, if you do not yet understand them well enough to realize what they mean to you and your rights and interests.  They are not overly difficult, and most pro se parents will fully understand them all without any trouble.  But if in any doubt, or if you have some kind of very unusual situation, then at least ask a friend to help guide you as needed.

Note 1:  This package is specifically written for Texas child custody cases, but can be modified for other States.  In particular, every State has its own formalized method of raising constitutional challenges to state statutes, so properly determine and substitute that method for your State of concern.  You'll need to generally identify the child custody determination statutes in your State of concern and swap those into the corresponding areas of the filings above.  Also, in the Motion to Vacate above, just before the Prayer for Relief parameters section, there are various civil and criminal liability statutes as a threat to invoke if relief is not properly granted.  Those are Texas statutes, so find as many equivalents for your own State of concern, and forget the ones that don't have direct equivalents for your State.  You'll also need "plea to the jurisdiction" case law for your State of concern swapped into that filing above.  And that's pretty much it to modify the package for another State.

Note 2:  Filing this simplified package into your own personal Texas case does NOT disqualify you from registering and joining into the full-blown federal class action lawsuit with additional claims and parties involved; please see the FAQs page for more detailed information.

Note 3:  Yes, you can equally apply these same arguments into defense of any criminal child support case, whether still pending, or to overturn a prior conviction, or as a habeas corpus (filed by any family member or "next friend") for immediate release of the victim parent from custody, but then for any of those situations, certainly DO NOT ignore seeing the directly-related Know the Actual Child $upport Limits webpage also!

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