Form 45-9

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 for Additional Periods of Possession and 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.]

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:

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

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.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)

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 [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.

9.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.]

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 [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.]

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].

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.

•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
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]