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Chapter 42

Form 42-5

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.

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

Motion to Dismiss for Lack of Jurisdiction

This Motion to Dismiss for Lack of Jurisdiction is brought by [name of movant], [party designation], who shows in support:

1.[Name of movant] is the [relationship] of the child[ren] the subject of this suit.

2.The [designation] Court of [county] County, Texas, has continuing, exclusive jurisdiction in this case under the provisions of section 155.002 of the Texas Family Code. Notice from the vital statistics unit to that effect has been filed with the papers in this case.

[Name of movant] prays that the Court dismiss this case without prejudice as provided for by section 155.102 of the Texas Family Code.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]