This form is for use in denying relief in a suit seeking modification of the designation of the person having the exclusive right to designate primary residence filed within one year after the earlier of the date of the rendition of the order or the signing of a mediated or collaborative law settlement agreement on which the order is based. See Tex. Fam. Code § 156.102.
For a form for use in denying relief requested in a motion for a temporary order affecting the designation of the person having the exclusive right to designate primary residence or the geographic area within which the primary residence must be maintained based on Tex. Fam. Code § 156.006(b)(1), see form 41-12 in this manual.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order Denying Relief in Suit to Modify
On [date] Petitioner’s Petition to Modify Parent-Child Relationship was called to the attention of the Court.
The suit was filed for the purpose of modifying the designation of the person having the exclusive right to designate the primary residence of the child[ren] and was filed within one year after the date of the [rendition of the order sought to be modified/signing of the [mediated/collaborative law] settlement agreement on which the order sought to be modified is based].
The Court finds that neither the petition nor any attachments provide the Court with adequate facts to support (1) an allegation that the child[ren]’s present environment may endanger [his/her/their] physical health or significantly impair [his/her/their] emotional development; (2) the allegations that the person who has the exclusive right to designate the primary residence of the child[ren] is seeking the modification or consents to the modification and that the modification is in the best interest of the child[ren]; or (3) the allegations that the person who has the exclusive right to designate the primary residence of the child[ren] has voluntarily relinquished the primary care and possession of the child[ren] to another person for at least six months and that the modification is in the best interest of the child[ren].
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Select one of the following. |
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Use the following paragraph if the only relief sought is a change in designation of the person having the exclusive right to designate primary residence. |
IT IS ORDERED that the relief sought is DENIED, that no hearing is set, and that the suit to modify is DISMISSED.
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Or |
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Use the following paragraph if additional relief is sought. |
IT IS ORDERED that the request to modify the designation of the person having the exclusive right to designate the primary residence of the child[ren] is DENIED, that no hearing is set on that issue, and that this portion of the suit to modify is DISMISSED.
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Select one or both of the following. |
IT IS ORDERED that [name] is awarded judgment against [name] for [number] dollars ($[amount)]) for the benefit of [his/her] attorney[s], [name[s] of attorney[s]], such judgment bearing interest at [percent] percent per year from the date the judgment is signed until paid, for which let execution issue if not paid.
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And/Or |
All costs of court in this case are adjudged against Petitioner, for which let execution issue.
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Include the following if applicable. |
The Court finds that the suit to modify was filed frivolously or designed to harass [Respondent/Cross-Respondent] and orders attorney’s fees of [number] dollars ($[amount]) taxed as costs against [name].
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Continue with the following. |
SIGNED on ___________________________________.
JUDGE PRESIDING