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.]
Original Petition for Sibling Access
1.Discovery Level
TRCP 190.1
1.Discovery Level
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.]
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Include 2. if applicable. |
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), 102.0045(a–1); TCPRC § 30.014
3.Parties
This suit is brought by [name of first petitioner] [include if applicable: and [name[s] of additional petitioner[s]]], who [is/are] the [sibling[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 of first petitioner]]’s driver’s license number are [numbers]./[Petitioner/[Name of first petitioner]] has not been issued a driver’s license.] [The last three numbers of [Petitioner/[name of first petitioner]]’s Social Security number are [numbers]./[Petitioner/[Name of first petitioner]] has not been issued a Social Security number.] [If applicable, repeat statements for other petitioner(s).]
Respondent[s] [is/are] [name[s] of respondent[s]].
4.Jurisdiction
§ 102.008(b)(1)
4.Jurisdiction
No court has continuing jurisdiction of this suit or of the child[ren] the subject of this suit.
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.
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Include 4.C. if any party resides outside Texas. |
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:
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Repeat above information for each additional child. |
6.Mother
The mother of the child[ren] the subject of this suit is [name].
•Service
§ 102.009(a)(7)
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Select one of the following. |
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
The [father/alleged or probable father] of the child[ren] the subject of this suit is [name].
•Service
§ 102.009(a)(8)
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Select one of the following. |
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
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:
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If 8.B. is used, select one of the following. |
•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].
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Repeat above information for each additional person or entity having a court-ordered relationship with the child(ren). |
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
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)
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State other facts for long-arm jurisdiction. |
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Repeat for each additional nonresident. |
10.Property
§ 102.008(b)(9)
10.Property
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.
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].
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
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Select 11.A. if no order is in effect and no application is pending. Include 11.B. if one or more orders are in effect. Include 11.C. if one or more applications are pending. If suit is filed before Sept. 1, 2021, select the reference to chapter 7A of the Code of Criminal Procedure; if suit is filed on or after that date, select the reference to subchapter A, chapter 7B. |
11.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.
[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.]
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.]
12.Access
§ 153.551
12.Access
It is in the best interest of the child[ren] the subject of this suit that Petitioner[s] be granted access to the child[ren] by order of this Court.
At the time this relief is requested, Petitioner[s] [has/have] been separated from the child[ren] because of an action taken by the Department of Family and Protective Services.
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:
Ordering temporary access to the child[ren] by Petitioner.
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.Parent Education and Family Stabilization Course
§ 105.009
Ordering the parties to attend a parent education and family stabilization course.
13.D.Ad Litem or Amicus
§§ 107.001, 107.021
13.D.1.Guardian Ad Litem
Appointing a guardian ad litem to represent the best interests of the child[ren].
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Or |
13.D.2.Attorney Ad Litem
Appointing an attorney ad litem to provide legal services for the child[ren].
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Or |
13.D.3.Amicus Attorney
Appointing an amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren].
13.E.ADR Participation
§ 153.0071; TCPRC § 154.021
Ordering the parties to participate in an alternative dispute resolution process before trial of this matter.
14.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002
14.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 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.
15.Prayer
15.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.
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Include the following if applicable. |
•Optional
Petitioner[s] pray[s] for attorney’s fees, expenses, costs, and interest as requested above.
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Continue with the following. |
•Required
Petitioner[s] pray[s] for general relief.
[Name]
Attorney for Petitioner[s]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Attach any affidavits, statements, or exhibits as required by the pleadings. For affidavit providing information required under the UCCJEA, see form 56-1. |