Form 44-2

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition for Grandparent Possession or Access

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[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.

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

3.Parties

This suit is brought by [name of first petitioner] [include if applicable: and [name of second petitioner]], who [is/are] the [maternal/paternal] grand­parent[s] of the child[ren] the subject of this suit. Petitioner[s] [has/have] standing to bring this suit as more fully detailed below.

[The last three numbers of [Petitioner/[name]]’s driver’s license num­ber are [numbers]./[Petitioner/[Name]] has not been issued a driver’s license.] [The last three numbers of [Petitioner/[name]]’s Social Security number are [numbers]./[Petitioner/[Name]] has not been issued a Social Security number.] [If applicable, repeat statements for second petitioner.]

Respondent[s] [is/are] [name[s] of respondent[s]].

4.Jurisdiction
§ 102.008(b)(1)

4.Jurisdiction

4.A.No Prior Proceedings

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

4.B.Subsequent Action

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.

4.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].

5.Child[ren]
§ 102.008(b)(2)

5.Child[ren]

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

Name:

Sex:

Birth date:

County of residence:

6.Mother
§ 102.008(b)(4)

6.Mother

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

7.Father
§ 102.008(b)(4), (8)

7.Father

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

8.Court-Ordered Relationships

8.Court-Ordered Relationships

8.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.

8.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].

9.Nonresident Entitled to Citation
§ 102.011

9.Nonresident Entitled to Citation

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

9.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.

9.B.Former Resident
§ 102.011(b)(4)

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

9.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.

9.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.

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

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

9.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.

9.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.

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

10.Property
§ 102.008(b)(9)

10.Property

10.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.

10.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].

10.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].

10.D.No Property of Consequence

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

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

11.Protective Order Statement

11.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.

11.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.]

11.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.]

12.Possession or Access
§§ 153.432, 153.433, 153.434

12.Possession or Access

It is in the best interest of the child[ren] the subject of this suit that Peti­tioner[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 rights terminated.

Denial of possession or access by Petitioner[s] 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]].

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

12.A.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.

12.B.Parent Incompetent
§ 153.433(a)(3)(B)

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

12.C.Parent Dead
§ 153.433(a)(3)(C)

[Name of parent] is dead.

12.D.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].

Petitioner[s] request[s] the Court to enter an order granting Petitioner[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].

13.Request for Temporary Orders

13.Request for Temporary Orders

Petitioner[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 Possession/Access

Ordering temporary possession of or access to the child[ren] by Peti­tioner[s].

13.B.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.C.Psychological or Psychiatric Evaluation
TRCP 204.4(a)

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

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

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

13.E.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.F.ADR Participation
§ 153.0071; TCPRC § 154.021

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

13.G.Execution of Releases

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

Ordering Respondent[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 Petitioner[s] to obtain health-care information regarding the child[ren].

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

Ordering Respondent[s] to designate Petitioner[s] as [a] person[s] to whom protected health information regarding the child[ren] may be disclosed whenever Respondent[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.H.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.I.Ad Litem or Amicus
§§ 107.001, 107.021

13.I.1.Guardian Ad Litem

Petitioner[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.I.2.Attorney Ad Litem

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

13.I.3.Amicus Attorney

Petitioner[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

Petitioner[s] request[s] the Court to dispense with the necessity of a bond, and Petitioner[s] request[s] that Respondent[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.Disturbing Child[ren] or Another Party
§ 105.001(a)(3)

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

14.B.Hiding Child[ren] from Petitioner

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

14.C.Disparaging Remarks

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

15.Temporary Orders and Injunction

15.Request for Temporary Orders and Injunction

Petitioner[s] request[s] the Court to dispense with the necessity of a bond, and Petitioner[s] request[s] that, after notice and hearing, Respondent[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 Petitioner[s] or interfering in any way with temporary possession of or access to the child[ren] by Petitioner[s].

15.B.Hiding Child[ren] from Petitioner

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

15.C.Disparaging Remarks

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

16.Request for Permanent Injunction

16.Request for Permanent Injunction

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

18.Prayer

18.Prayer

•Required in All Petitions

Petitioner[s] pray[s] that citation and notice issue as required by law. Petitioner[s] pray[s] that the Court grant relief in accordance with the allega­tions of this petition.

•Optional

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

•Temporary Injunction

Petitioner[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 Respondent[s], in conformity with the allegations of this petition, from the acts set forth above while this case is pending.

•Permanent Injunction

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

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

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

•Required

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

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