Form 44-7

This petition to modify an order rendered in a suit affecting the parent-child relationship must be filed under the same docket number in the court of continuing jurisdiction.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition to Modify for Sibling 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 and Order
§§ 102.008, 153.551, 156.001 et seq.; TCPRC § 30.014

3.Parties and Order to Be Modified

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 because Petitioner[s] [has/have] been separated from the child[ren] the subject of this suit because of an action taken by the Department of Family and Protective Services. The requested modification will be in the best interest of the child[ren].

[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]].

The order to be modified is entitled [title of order] and was rendered on [date].

4.Jurisdiction
§ 102.008(b)(1)

4.Jurisdiction

This Court has continuing, exclusive jurisdiction of this suit.

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.Parties Affected
§§ 102.008(b)(3)–(8), 156.003

6.Parties Affected

6.A.Parties

The following parties may be affected by this suit:

Name:

Relationship: [e.g., joint managing conservator, managing conservator, posses­sory conservator, parent, sibling, guardian of person, guardian of estate]

•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].

6.B.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].

7.Nonresident Entitled to Citation
§ 102.011

7.Nonresident Entitled to Citation

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

7.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.

7.B.Former Resident
§ 102.011(b)(4)

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

7.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.

7.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.

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

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

7.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.

7.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.

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

8.Property

8.Child[ren]’s Property

8.A.No Change

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

8.B.Change Since Prior Order

The following changes in the status of the child[ren]’s property have occurred since the prior order was rendered: [describe changes].

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

9.Protective Order Statement

9.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.

9.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.]

9.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.]

10.Modification of Access

10.Modification of Access

10.A.Change of Access—Grounds
§§ 156.002(c), 156.101(1)

10.A.1.Order Not Based on Agreement

The order to be modified is not based on a mediated or collaborative law settlement agreement. The circumstances of the child[ren], a conservator, or other party affected by the order to be modified have materially and substan­tially changed since the date of rendition of the order to be modified.

10.A.2.Order Based on Agreement

The order to be modified is based on a [mediated/collaborative law] set­tlement agreement. The circumstances of the child[ren], a conservator, or other party affected by the order to be modified have materially and substantially changed since the date of the signing of the [mediated/collaborative law] set­tlement agreement on which the order to be modified is based.

10.B.Access—Relief Requested

10.B.1.Change of Access—by Agreement

Petitioner[s] believe[s] that the parties will enter into a written agree­ment containing provisions for modification of the order providing for access to the child[ren].

10.B.2.Change of Access— Requested Relief

Petitioner[s] request[s] that the terms and conditions for access to the child[ren] be modified to provide as follows: [state modification requested].

10.C.Best Interest of Child[ren]

The requested modification is in the best interest of the child[ren].

11.Temporary Orders
§ 105.001

11.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:

11.A.Temporary Access

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

11.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.

11.C.Parent Education and Family Stabilization Course
§ 105.009

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

11.D.Ad Litem or Amicus
§§ 107.001, 107.021

11.D.1.Guardian Ad Litem

Appointing a guardian ad litem to represent the best interests of the child[ren].

11.D.2.Attorney Ad Litem

Appointing an attorney ad litem to provide legal services for the child[ren].

11.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].

11.E.ADR Participation
§ 153.0071; TCPRC § 154.021

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

12.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002

12.Request for 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. [Include if applicable: If the parties are unable to reach an agreement on all issues,] 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 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.

13.Prayer

13.Prayer

•Required in All Petitions

Petitioner[s] pray[s] that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition.

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

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

•Required in All Petitions

Petitioner prays for general relief.

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