Form 44-1

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition in Intervention in Suit Affecting the Parent-Child Relationship

This Petition in Intervention is brought by [name[s]]. In support, Inter­venor[s] show[s]:

1.Objection to Assignment of Case to Associate Judge
§ 201.005

1.Objection to Assignment of Case to Associate Judge

Intervenor[s] object[s] to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

2.Parties
§ 102.008(b)(3); TCPRC § 30.014

2.Parties

Intervenor[s] [is/are] the [[maternal/paternal] grandparent[s]/[relation­ship of other party[ies] to child[ren]]] of the child[ren] the subject of this suit. Intervenor[s] [has/have] standing to intervene in this proceeding as more fully detailed below.

[The last three numbers of [Intervenor/[name]]’s driver’s license num­ber are [numbers]./[Intervenor/[Name]] has not been issued a driver’s license.] [The last three numbers of [Intervenor/[name]]’s Social Security number are [numbers]./[Intervenor/[Name]] has not been issued a Social Security number.] [If applicable, repeat statements for other intervenor(s).]

3.Jurisdiction
§ 102.008(b)(1)

3.Jurisdiction

3.A.No Prior Proceedings

No court has continuing jurisdiction of the child[ren] the subject of this suit.

3.B.Subsequent Action— Continuing Jurisdiction

This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of the child[ren] the subject of this suit as a result of prior proceed­ings.

3.C.UCCJEA Information
§ 152.209

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

4.Child[ren]
§ 102.008(b)(2)

4.Child[ren]

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

Name:

Sex:

Birth date:

County of residence:

5.Mother
§ 102.008(b)(4)

5.Mother

The mother of the child[ren] the subject of this suit [is/was] [name].

•Service
§ 102.009(a)(7)

1.Personal

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

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

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

6.Father
§ 102.008(b)(4), (8)

6.Father

The [father/alleged or probable father] of the child[ren] the subject of this suit [is/was] [name].

•Service
§ 102.009(a)(8)

1.Personal

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

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

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

7.Court-Ordered Relationships

7.Court-Ordered Relationships

7.A.None Existing

There are no court-ordered conservatorships, court-ordered guardian­ships, or other court-ordered relationships affecting the child[ren] the subject of this suit.

7.B.Court-Ordered Relationships
§ 102.008(b)(5)–(7)

Persons having a court-ordered relationship with the child[ren] the sub­ject of this suit are:

Name:

Relationship:

•Service
§ 102.009

1.Personal

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

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

Citation by publication or other substituted service is necessary for the reasons stated 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.Property
§ 102.008(b)(9)

9.Property

9.A.No Change

There has been no change of consequence in the status of the property of the child[ren] the subject of this suit since the prior order was rendered.

9.B.Change Since Prior Order

The following change[s] in the status of the property of the child[ren] the subject of this suit [has/have] occurred since the prior order was rendered: [describe changes].

9.C.No Prior Suit

The following property is owned or possessed by the child[ren] the sub­ject of this suit and is valued as stated: [describe and state value of property for each child].

9.D.No Property of Consequence

No property of consequence is owned or possessed by the child[ren] the subject of this suit.

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 [chapter 7A/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 [chapter 7A/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 [chapter 7A/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.Conservatorship, Possession, or Access

11.[Conservatorship/Access]

11.A.Managing Conservatorship

11.A.1.Significant Impairment
§§ 102.004(a)(1), 153.005, 153.131

It is in the best interest of the child[ren] that Intervenor[s] be appointed [sole/joint] managing conservator[s] of the child[ren]. Further, appointment of [a/the] parent[s] as [sole/joint] managing conservator[s] would not be in the best interest of the child[ren] because the appointment would significantly impair the child[ren]’s physical health or emotional development.

11.A.2.Voluntary Relinquishment
§§ 153.005, 153.373

It is in the best interest of the child[ren] that Intervenor[s] be appointed [sole/joint] managing conservator[s] of the child[ren]. Further, [[name[s]], [a/the only] parent/the parents] of the child[ren] [has/have] voluntarily relin­quished possession and control of the child[ren] to Intervenor[s] for a period of one year or more, a portion of which was within ninety days preceding the date of intervention.

11.A.3.Both Parents Deceased
§§ 102.003(13), 153.431

Both of the child[ren]’s parents are deceased. It is in the best interest of the child[ren] that Intervenor[s] be appointed [sole/joint] managing conserva­tor[s] of the child[ren].

11.B.Possession or Access by Grandparent[s]
§§ 153.432(a)(1), (2),153.432(c), 153.433, 153.434

It is in the best interest of the child[ren] that Intervenor[s] be granted possession of or access to the child[ren] by order of this Court.

At the time this relief is requested, at least one biological or adoptive parent of the child[ren] has not had that parent’s parental rights terminated.

Denial of possession or access by Intervenor[s] to the child[ren] would significantly impair the physical health or emotional well-being of the child[ren]. See the affidavit[s] of [name[s] of intervenor[s]] attached as Exhibit[s] [exhibit number[s]/letter[s]].

Intervenor[s] [is a parent/are the parents] of [name of parent], a parent of the child[ren].

11.B.1.Parent Incarcerated
§  153.433(a)(3)(A)

[Name of parent] has been incarcerated in jail or prison during the three-month period preceding the filing of the petition.

11.B.2.Parent Incompetent
§ 153.433(a)(3)(B)

[Name of parent] has been found by a court to be incompetent.

11.B.3.Parent Dead
§ 153.433(a)(3)(C)

[Name of parent] is dead.

11.B.4.Parent Does Not Have Possession or Access
§ 153.433(a)(3)(D)

[Name of parent] does not have actual or court-ordered possession of or access to the child[ren].

Intervenor[s] request[s] the Court to enter an order granting Interve­nor[s] possession of or access to the child[ren] at the times and under the con­ditions that are determined to be in the best interest of the child[ren].

11.C.Possessory Conservatorship
§§ 102.004(b), 153.006(c), 153.015

It is in the best interest of the child[ren] that Intervenor[s] be named pos­sessory conservator[s] of the child[ren]. Appointment of a parent of the child[ren] as a sole managing conservator or appointment of both parents of the child[ren] as joint managing conservators would significantly impair the physical health or emotional development of the child[ren].

Intervenor[s] request[s] the Court to name Intervenor[s] possessory con­servator[s] of the child[ren] with the right to possession at the times and under the conditions that are determined to be in the best interest of the child[ren]. [Include if applicable: Intervenor[s] request[s] the Court to order reasonable periods of electronic communication between the child[ren] and Intervenor[s] to supplement [Intervenor’s/Intervenors’] periods of possession of the child[ren].]

11.D.History or Pattern of Family Violence or Child Abuse or Child Neglect, or Final Protective Order Against Another Party
§ 153.005(c)

11.D.1.Family Violence
§ 153.005(c)(1)

Preceding the filing of this suit, [name] has engaged in a history or pat­tern of family violence, as defined by section 71.004 of the Texas Family Code.

11.D.2.Child Abuse or Neglect
§ 153.005(c)(2)

Preceding the filing of this suit, [name] has engaged in a history or pat­tern of [child abuse/child neglect/child abuse and child neglect].

11.D.3.Final Protective Order
§ 153.005(c)(3)

Preceding the filing of this suit, a final protective order was rendered against [name].

11.D.4.Request

Petitioner requests that the Court consider this conduct in appointing Intervenor[s] as sole managing conservator[s] or the parties as joint managing conservators.

12.Parenting Coordinator/Facilitator
§§ 153.603(d), 153.605(a), (b), 153.6051(a), (b)

12.Parenting [Coordinator/Facilitator/Coordinator or Facilitator]

Intervenor[s] request[s] the Court to appoint a parenting [coordinator/facilitator/coordinator or facilitator]. [This case is a high-conflict case./There is good cause for appointment of a parenting [coordinator/facilitator/coordinator or facilitator] in that [specify good cause], and the appointment would be in the best interest of the child[ren].]

13.Request for Temporary Orders

13.Request for Temporary Orders

Intervenor[s] request[s] the Court, after notice and hearing, to make tem­porary orders for the safety and welfare of the child[ren], including but not lim­ited to the following:

13.A.Temporary Joint Managing Conservators
§ 105.001(a)(1)

Appointing Intervenor[s] and [name] temporary joint managing conser­vators [include if applicable: and designating Intervenor[s] as the conserva­tor[s] who [has/have] the exclusive right to designate the primary residence of the child[ren]].

13.B.Temporary Sole Managing Conservator
§ 105.001(a)(1)

Appointing Intervenor[s] temporary sole managing conservator[s].

13.C.Temporary Support
§§ 105.001(a)(2), 101.0095, 101.020

Ordering [name[s]] to provide support for the child[ren], including the payment of child support and medical and dental support in the manner speci­fied by the Court, while this case is pending.

13.D.Temporary Possessory Conservator
§ 105.001(a)(1)

Appointing Intervenor[s] temporary possessory conservator[s].

13.E.Electronic Communication
§ 153.015(b)

Ordering reasonable periods of electronic communication between the child[ren] and Intervenor[s] to supplement [Intervenor’s/Intervenors’] periods of possession of the child[ren].

13.F.Residence Restriction
§§ 105.001(a)(1), (4), 153.134(b)(1)(A)

Restricting the primary residence of the child[ren] to [geographic area].

13.G.Travel Restriction
§ 105.001(a)(4)

Enjoining [name[s]] from removing the child[ren] beyond [geographic area], acting directly or in concert with others.

13.H.Denial or Restriction of Possession or Access
§ 153.004(d), (d–1), (e)

Denying [name[s]] access to the child[ren] or, alternatively, rendering a possession order [in accordance with section 153.004(d–1)(2) of the Texas Family Code/providing that periods of visitation by [name[s]] be continuously supervised]. [If Tex. Fam. Code §§ 153.501–.503 (international parental abduc­tion risk) apply, see form 55-1 for further restrictions.]

13.I.Child Custody Evaluation
§ 107.103

Ordering the preparation of a child custody evaluation regarding the cir­cumstances and condition of the child[ren] [,/and] the parties [include if appli­cable: , and the residence of any person requesting conservatorship of, possession of, or access to the child[ren]] and any issue or question relating to the suit at the request of the Court before or during the evaluation process.

13.J.Psychological or Psychiatric Evaluation
TRCP 204.4(a)

Ordering the [psychological/psychiatric] evaluation of [name[s]] and the child[ren].

13.K.Parent Education and Family Stabilization Course
§ 105.009

Ordering the parties to attend a parent education and family stabilization course.

13.L.Parenting Coordinator/Facilitator
§§ 153.605(a), (b), 153.6051(a), (b)

Appointing a parenting [coordinator/facilitator/coordinator or facilita­tor]. [This case is a high-conflict case./There is good cause for appointment of a parenting [coordinator/facilitator/coordinator or facilitator] in that [specify good cause], and the appointment would be in the best interest of the child[ren].]

13.M.Tax Returns
§ 154.063

Ordering [name[s]] to produce copies of income tax returns for tax years [years], a financial statement, and current pay stubs by a date certain.

13.N.ADR Participation
§ 153.0071; TCPRC § 154.021

Ordering the parties to participate in an alternative dispute resolution process before trial of this matter.

13.O.Execution of Releases

Ordering [name[s]] to execute all necessary releases required by Interve­nor[s] to obtain any discovery allowed by the Texas Rules of Civil Procedure.

Ordering [name[s]] to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit Intervenor[s] to obtain health-care information regarding the child[ren].

Ordering [name[s]] to execute for all health-care providers of the child[ren] an authorization for disclosure of protected health information to Intervenor[s] pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

Ordering [name[s]] to designate Intervenor[s] as [a] person[s] to whom protected health information regarding the child[ren] may be disclosed when­ever [name[s]] execute[s] an authorization for disclosure of protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

13.P.Interim Attorney’s Fees
§ 105.001(a)(5)

Ordering [name[s]] to pay reasonable interim attorney’s fees and expenses.

13.Q.Pretrial Conference
TRCP 166

Ordering a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate.

13.R.Ad Litem or Amicus
§§ 107.001, 107.021

13.R.1.Guardian Ad Litem

Intervenor[s] request[s] the Court to appoint a guardian ad litem to rep­resent the best interests of the child[ren] the subject of this suit.

13.R.2.Attorney Ad Litem

Intervenor[s] request[s] the Court to appoint an attorney ad litem to pro­vide legal services for the child[ren].

13.R.3.Amicus Attorney

Intervenor[s] request[s] the Court to appoint an amicus attorney to pro­vide legal services necessary to assist the Court in protecting the best interests of the child[ren].

14.Combined TRO and Temporary Injunction

14.Request for Temporary Restraining Order

Intervenor[s] request[s] the Court to dispense with the necessity of a bond, and Intervenor[s] request[s] that [name[s]] be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from:

14.A.Ex Parte Temporary Orders without Affidavit
§ 105.001(a)(3), (b)

1.Disturbing Child[ren] or Another Party
§ 105.001(a)(3)

Disturbing the peace of the child[ren] or of another party.

2.Withdrawing Child[ren] from School or Day Care

Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.

3.Hiding Child[ren] from Intervenor[s]

Hiding or secreting the child[ren] from Intervenor[s].

4.Disparaging Remarks

Making disparaging remarks regarding Intervenor[s] [include if applica­ble: or the family of Intervenor[s]] in the presence or within the hearing of the child[ren].

5.Consumption of Alcohol

Consuming alcohol within the [number] hours before or during the period of possession of or access to the child[ren].

6.Affecting Health or Dental Insurance

Canceling, altering, failing to renew or pay premiums on, or in any man­ner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the child[ren].

14.B.Ex Parte Parent-Child Orders with Affidavit
§ 105.001(c)

As the basis for the extraordinary relief requested below, Intervenor[s] would show that before the filing of this petition [name[s]] [has/have] engaged in the conduct stated in the affidavit attached as Exhibit [exhibit number/letter]. Based on that affidavit, Intervenor[s] request[s] the Court to grant the follow­ing relief:

1.Attaching Child[ren]
§ 105.001(c)(1)

Issue an order attaching the [body/bodies] of the child[ren], [name[s]].

2.Taking Possession of Child[ren]
§ 105.001(c)(2)

Issue an order taking the child[ren], [name[s]], into possession of [Intervenor[s]/the Court].

3.Excluding Party from Child[ren]
§ 105.001(c)(3)

Issue an order excluding [name[s]] from possession of or access to the child[ren], [name[s]].

15.Temporary Orders and Injunction

15.Request for Temporary Orders and Injunction

Intervenor[s] request[s] the Court to dispense with the necessity of a bond, and Intervenor[s] request[s] that, after notice and hearing, [name[s]] be further restrained and enjoined, pending the further order of the Court, from:

15.A.Disturbing Child[ren] or Another Party
§ 105.001(a)(3)

Disturbing the child[ren] or Intervenor[s] or interfering in any way with possession of the child[ren] by Intervenor[s] by taking or attempting to take possession of the child[ren], directly or through any other person, from the res­idence, school, or any other place.

15.B.Withdrawing Child[ren] from School or Day Care

Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.

15.C.Hiding Child[ren] from Intervenor[s]

Hiding or secreting the child[ren] from Intervenor[s].

15.D.Disparaging Remarks

Making disparaging remarks regarding Intervenor[s] [include if applica­ble: or the family of Intervenor[s]] in the presence or within the hearing of the child[ren].

15.E.Consumption of Alcohol

Consuming alcohol within the [number] hours before or during the period of possession of or access to the child[ren].

15.F.Affecting Health or Dental Insurance

Canceling, altering, failing to renew or pay premiums on, or in any man­ner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the child[ren].

16.Request for Permanent Injunction

16.Request for Permanent Injunction

Intervenor[s] request[s] the Court, after trial on the merits, to grant the following permanent injunction[s]: [specify].

17.Attorney’s Fees, Expenses, Costs, and Interest

17.Attorney’s Fees, Expenses, Costs, and Interest

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

18.Prayer

18.Prayer

•Required in All Petitions

Intervenor[s] pray[s] for relief as requested in this petition.

•Optional

Intervenor[s] pray[s] that the Court immediately grant a temporary restraining order restraining [name[s]], in conformity with the allegations of this petition, from the acts set forth above, and Intervenor[s] pray[s] that, after notice and hearing, this temporary restraining order be made a temporary injunction.

•Temporary Injunction

Intervenor[s] pray[s] that the Court, [include if applicable: in addition to the temporary restraining order and temporary injunction prayed for above,] after notice and hearing, grant a temporary injunction enjoining [name[s]], in conformity with the allegations of this petition, from the acts set forth above while this case is pending.

•Permanent Injunction

Intervenor[s] pray[s] that, on final hearing, the Court enter a permanent injunction enjoining [name[s]], in conformity with the allegations of this peti­tion, from the acts set forth above.

•Attorney’s Fees, Expenses, Costs, and Interest

Intervenor[s] pray[s] for attorney’s fees, expenses, costs, and interest as requested above.

•Required

Intervenor[s] pray[s] for general relief.

   
[Name]
Attorney for Intervenor[s]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

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 Intervenor[s]