Main MenuMain Menu Bookmark PageBookmark Page

Chapter 36

Form 36-26

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

Warrant to Take Physical Custody of Child

State of Texas)

TO ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS:

Cause No. [number], styled “[style of case],” is pending in the [designation] Court of [county] County, Texas.

On [date] the Court signed its order in that case ordering the issuance of this Warrant to Take Physical Custody of Child. A certified copy of the order is attached to this warrant.

The Court finds the following facts form a justifiable basis on which this Court has con­cluded a likelihood of imminent serious physical harm of [name[s] of child[ren]] or of [name[s] of child[ren]]’s removal from Texas: [recite facts on which a conclusion of imminent serious physical harm or removal from Texas is based].

You are therefore COMMANDED to take physical custody immediately of [name[s] of child[ren]], [a] child[ren], and to place the child[ren] safely into the possession of [name of person or agency] at [address, city], Texas, pending further order of the Court.

The following conditions on the placement of the child[ren] are imposed to ensure the appearance of the child[ren] and the child[ren]’s custodian: [state conditions].

Include the following if applicable.

While executing this warrant, you are authorized to enter private property to take phys­ical custody of the child[ren].

Include the following if applicable.

While executing this warrant, you are authorized to make a forcible entry at any hour in order to execute this warrant.

Continue with the following.

The [title of petition seeking enforcement of child custody determination] is set for hear­ing on __________________ at ____________ __.m. in [designation and location of court].

ISSUED on ______________________________.

   
Judge

Return

I received the citation, the [title of petition seeking enforcement of child custody deter­mination], the Request for Warrant to Take Physical Custody of Child, the Order for Issuance of Warrant to Take Physical Custody of Child, and this Warrant to Take Physical Custody of Child on __________________ at ____________ __.m. On __________________ at ____________ __.m. I executed them by personally delivering a copy of these documents to [name[s] of respondent[s]], having endorsed the date of delivery on the copy of the citation, and by taking physical custody of the [body/bodies] of [name[s] of child[ren]] and placing [him/her/them] into the possession of [name of person or agency] at [address, city], Texas, as directed in the warrant.

I actually and necessarily traveled __________ miles in executing this warrant, and my fees are $ ____________.

This original returned on ______________________________.

   
[Sheriff/Constable] of
            __________________ County, Texas

By:      
     Deputy