Form 36-21

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Enforcement of Child Custody Determination

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.This Petition for Enforcement of Child Custody Determination is brought by [name of petitioner], Petitioner, who resides at [address, city, state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]

3.Respondent is [name of respondent], who currently resides at [address, city, state]. Process should be served on Respondent at that address.

4.The child[ren] the subject of this suit [is/are] presently located at [address, city, state].

5.Petitioner is presently entitled to the possession of the child[ren] [name[s] of child[ren]] by virtue of an order entered by the [designation] Court of [county] County, [state], in Cause No. [number]. This order is in full force and effect. A [certified copy/copy of a certified copy] of the order [include if applicable: and the order confirming registration] [is/are] attached to this petition.

6.The court that issued the custody determination identified the following jurisdic­tional basis on which it relied in exercising jurisdiction: [state jurisdictional basis].

6.The court that issued the custody determination did not identify the jurisdictional basis on which it relied in exercising jurisdiction.

7.The determination for which enforcement is sought [has/has not] been vacated, stayed, or modified by a court whose decision must be enforced under chapter 152 of the Texas Family Code. [If order has been vacated, stayed, or modified, include information identi­fying court, cause number, and nature of proceeding.]

8.No other proceeding has been commenced that could affect the current proceed­ing.

8.The following proceeding[s] [has/have] been commenced that could affect this proceeding: [specify each proceeding, stating nature of suit (e.g., divorce, suit affecting par­ent-child relationship, request for protective order (or other such suit relating to domestic vio­lence), termination of parental rights, and/or adoption) and identifying court and cause number].

9.The child custody determination sought to be enforced has been registered and confirmed under section 152.305 of the Texas Family Code on [date] in [designation and location of court that registered child custody determination].

10.The child[ren] [is/are] currently in the possession of [name of respondent], Respondent, at [address, city], [county] County, Texas.

11.Petitioner requests that the Court issue an order directing Respondent to appear [with/without] the child[ren] at a hearing to be held the day following service on Respondent.

12.Petitioner requests that after notice and hearing Petitioner be awarded immediate physical custody of the child[ren] the subject of this suit.

13.Petitioner requests that Petitioner be provided assistance from law enforcement officials as necessary to enforce the order of the Court.

14.As a result of Respondent’s restraint of the child[ren], Petitioner has incurred [include as applicable: communication expenses, investigative fees, expenses for witnesses, travel expenses, child care expenses] to prosecute this petition. Petitioner requests judgment against Respondent for Petitioner’s necessary expenses incurred by Petitioner and Petitioner’s witnesses for prosecution of this petition.

15.It was necessary to secure the services of [name of attorney], a licensed attorney, to preserve and protect the rights of [name of petitioner] and the child[ren]. Respondent should be ordered to pay reasonable attorney’s fees and expenses, and a judgment should be rendered in favor of this attorney and against Respondent.

16.Petitioner prays that the Court immediately issue its order commanding that the child[ren] be brought immediately before this Court and that Petitioner be awarded immediate physical custody of the child[ren].

Petitioner further requests that Respondent be ordered to pay all expenses incurred and all costs of court.

Petitioner prays for recovery of all relief requested and for all general relief to which this Court may deem Petitioner entitled.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I am Petitioner in the foregoing Petition for Enforcement of Child Custody Determination. I have personal knowledge of the allegations and facts stated in it, and they are true and correct.”

   
Affiant

SIGNED under oath before me on ___________________________________.

   
Notary Public, State of Texas