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
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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.]
Petition for Additional Periods of Possession and 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.
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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 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 and Order
§§ 102.008, 156.001 et seq.; TCPRC § 30.014
3.Parties and Order to Be Modified
This petition for additional periods of possession or access is brought by [name of petitioner], Petitioner. [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.] Petitioner is the [specify] of the child[ren] and has standing to bring this suit. The requested modification will be in the best interest of the child[ren].
Respondent is [name of respondent].
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:
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Repeat above information for each additional child. |
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, guardian of person, guardian of estate]
•Service
§ 102.009
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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].
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Repeat for each additional party. |
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Include 6.B. if any party resides outside Texas. |
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.Personal Service of Citation
§ 102.011(b)(1)
The nonresident person was or will be personally served with citation in Texas.
7.B.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.C.Other Long-Arm Jurisdiction Facts
§ 102.011(b)(8)
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State other facts required for long-arm jurisdiction. |
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Repeat for each additional nonresident. |
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.
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Or |
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
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Select 9.A. if no order is in effect and no application is pending. Include 9.B. if one or more orders are in effect. Include 9.C. if one or more applications are pending. |
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.
[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.]
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.Additional Possession and Access
§ 153.709
10.Additional Possession and Access
10.A.Additional Periods of Possession and Access—Grounds
Petitioner, who is a [possessory conservator/joint managing conservator without the exclusive right to designate the primary residence of the child[ren]], concluded [her/his] [military deployment/military mobilization/temporary military duty] less than ninety days ago. Petitioner was on [military deployment/military mobilization/temporary military duty] in a location where access to the child was not reasonably possible.
10.B.Additional Possession and Access—Relief Requested
10.B.1.Additional Possession and Access—Agreement
Petitioner believes that the parties will enter into a written agreement containing provisions for additional possession of and access to the child[ren].
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Or |
10.B.2.Additional Possession and Access—Requested Relief
Petitioner requests that the Court compute the periods of possession of or access to the child to which Petitioner would have otherwise been entitled during Petitioner’s [military deployment/military mobilization/temporary military duty] and that additional periods of possession of or access to the child[ren] be ordered as follows: [state additional periods of possession or access requested].
10.C.Best Interest of Child[ren]
The requested relief is in the best interest of the child[ren].
11.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002
11.Request for Attorney’s Fees, Expenses, Costs, and Interest
It was necessary for Petitioner 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 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.
12.Prayer
12.Prayer
•Required in All Petitions
Petitioner prays 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.
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Include the following if applicable. |
•Attorney’s Fees, Expenses, Costs, and Interest
Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.
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Continue with the following. |
•Required in All Petitions
Petitioner prays for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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Attach any affidavits, statements, or exhibits as required by the pleadings. |
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For affidavit for citation by publication, see the relevant portion of form 41-2; for affidavit for citation by other substituted service, see form 8-23. |
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For affidavit providing information required under the UCCJEA, see form 56-1. |
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For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18. |