Form 43-1

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition in Suit Affecting the Parent-Child Relationship Seeking Modification of Out-of-State Order

[UCCJEA]

1.Discovery
TRCP 190.1

1.Discovery

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.Objection to Assignment of Case to Associate Judge
§ 201.005

2.Objection to Assignment of Case to Associate Judge

Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.Parties
TCPRC § 30.014

3.Parties

This original petition in suit affecting the parent-child relationship seek­ing modification of an out-of-state order is brought by [name of petitioner], Petitioner, who is a party affected by the order sought to be modified. [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.]

Respondent is [name of respondent]. The requested modification will be in the best interest of the child[ren].

4.Order to Be Modified

4.Order to Be Modified

The order to be modified is entitled [title of order] and was rendered on [date] in the [designation] Court of [county] County, [state], in Cause No. [number], styled “[style of case].” [Include if applicable: A true copy of the order is attached to this petition as Exhibit [exhibit number/letter].]

5.Jurisdiction

5.Jurisdiction

5.A.Not Based on Temporary Emergency Grounds
§ 152.203

This Court has jurisdiction to make an initial child custody determina­tion under section 152.201[(a)(1)/(a)(2)] of the Texas Family Code.

5.A.1.No Significant Connection to Other State
§§ 152.203(1), 152.202(a)(1)

The [designation] Court of [county] County, [state], determined that neither the child[ren], nor the child[ren] and one parent, nor the child[ren] and a person acting as a parent, have a significant connection with [state] and that substantial evidence is no longer available in [state] concerning the child[ren]’s care, protection, training, and personal relationships.

5.A.2.Texas More Convenient Forum
§ 152.203(1)

The [designation] Court of [county] County, [state], determined that a Texas court would be a more convenient forum under that state’s version of section 152.207 of the Texas Family Code.

5.A.3.No Residence in Other State
§ 152.203(2)

[The [designation] Court of [county] County, [state], determined/This Court will determine] that the child[ren], the child[ren]’s parents, and any per­son acting as a parent do not presently reside in [state].

5.B.Temporary Emergency Grounds or Alternative Relief
§ 152.204

5.B.1.Abandonment

This Court has temporary emergency jurisdiction to make a child cus­tody determination in this case under section 152.204 of the Texas Family Code, because the child[ren] [is/are] present in Texas and [has/have] been abandoned.

5.B.2.Threat of Mistreatment or Abuse

This Court has temporary emergency jurisdiction to make a child cus­tody determination in this case under section 152.204 of the Texas Family Code, because the child[ren] [is/are] present in Texas and it is necessary in an emergency to protect the child[ren] because [the child[ren]/a sibling of the child[ren]/a parent of the child[ren]] [is/are] subjected to or threatened with mistreatment or abuse.

6.Child[ren]

6.Child[ren]

The following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

County of residence:

7.Parties Affected

7.Parties Affected

The parties whose rights, privileges, duties, or powers may be affected by this suit are as follows:

Name:

Relationship:

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

8.Nonresident Entitled to Citation
§ 102.011

8.Nonresident Entitled to Citation

[Name of nonresident], named above, is a nonresident of Texas.

8.A.Child[ren] Reside[s] in Texas
§ 102.011(b)(3)

The child[ren] the subject of this suit reside[s] in Texas as a result of the acts or directives of the nonresident person.

8.B.Former Resident
§ 102.011(b)(4)

The nonresident person has resided in Texas with the child[ren] the sub­ject of this suit.

8.C.Payment of Prenatal Expenses or Support
§ 102.011(b)(5)

The nonresident person has resided in Texas and provided prenatal expenses or support for the child[ren] the subject of this suit.

8.D.In-State Intercourse
§ 102.011(b)(6)

The nonresident person engaged in sexual intercourse in Texas, and the child[ren] the subject of this suit may have been conceived by that act of inter­course.

8.E.Personal Service of Citation
§ 102.011(b)(1)

The nonresident person was or will be personally served with citation in Texas.

8.F.Submission to Jurisdiction
§ 102.011(b)(2)

The nonresident person has submitted or will submit to the jurisdiction of Texas by consent, by entering a general appearance, or by filing a respon­sive document having the effect of waiving any contest to personal jurisdic­tion.

8.G.Paternity Registry/AOP
§ 102.011(b)(7)

The nonresident person [registered with the paternity registry main­tained by the vital statistics unit/signed an acknowledgment of paternity of a child born in Texas who is the subject of this suit] as provided by chapter 160 of the Texas Family Code.

8.H.Other Long-Arm Jurisdiction Facts
§ 102.011(b)(8)

9.Child[ren]’s Property
§ 102.008(b)(9)

9.Child[ren]’s Property

There has been no change of consequence in the status of the child[ren]’s property since the out-of-state order sought to be modified was rendered.

The following changes in the status of the child[ren]’s property have occurred since the out-of-state order sought to be modified was rendered: [describe changes].

10.Protective Order Statement
§ 102.008(b)(11)

10.Protective Order Statement

10.A.No Order or Pending Application

No protective order under title 4 of the Texas Family Code, protective order under subchapter A of chapter 7B of the Texas Code of Criminal Proce­dure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.

10.B.Order Issued

[Include as applicable: A protective order under title 4 of the Texas Fam­ily Code/A protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]

10.C.Application Pending

An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emer­gency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]

11.Modification Requested

11.Modification Requested

12.Attorney’s Fees

12.Attorney’s Fees

It was necessary for Petitioner to secure the services of [name], a licensed attorney, to preserve and protect the child[ren]’s rights. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Respondent and be ordered paid directly to Petitioner’s attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.

13.Prayer

13.Prayer

Petitioner prays that citation and notice issue as required by law.

Petitioner prays that the Court enter a modifying order in accordance with the allegations of this petition.

Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.

Petitioner prays for general relief.

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