NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
|
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 to [Declare Authorization Agreement for Adult Caregiver Void/Void Authorization Agreement for Adult Caregiver/Declare Authorization Agreement for Adult Caregiver Void or Void Authorization Agreement]
1.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.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.This Petition to [Declare Authorization Agreement for Adult Caregiver Void/Void Authorization Agreement for Adult Caregiver/Declare Authorization Agreement for Adult Caregiver Void or Void Authorization Agreement] is brought by [name[s]], Petitioner[s], who [is/are] resident[s] of [county] County, [state]. [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 other petitioner.]
Respondent[s] [is/are] [name[s] of respondent[s]]. [Respondent [include if applicable: [name]] should be served with process [include if applicable: at [address, city, state, zip code]]/No service on Respondent [include if applicable: [name]] is necessary at this time]. [If applicable, repeat service information for other respondent.]
The child [name of child] is the subject of the Authorization Agreement for Adult Caregiver that Petitioner[s] seek[s] to have [declared void/voided/declared void or voided].
4.Petitioner[s] seek[s] a judgment [declaring that the Authorization Agreement for Adult Caregiver dated [date] regarding [name of child] is void/voiding the Authorization Agreement for Adult Caregiver dated [date] regarding [name of child]/declaring that the Authorization Agreement for Adult Caregiver dated [date] regarding [name of child] is void or voiding the authorization agreement]. A copy of the agreement is attached to this petition as Exhibit [exhibit number/letter].
|
Select one or more of the following if seeking to have authorization agreement declared void. |
5.[Name[s]], [a] parent[s] of the child, executed the authorization agreement without a written order by the appropriate court when [there [was/is] a court order or pending suit affecting the parent-child relationship concerning the child/there [was/is] pending litigation in a court concerning custody, possession, or placement of the child or access to or visitation with the child/the court had continuing, exclusive jurisdiction over the child].
|
And/Or |
6.Only one parent signed the authorization agreement, the other parent was living, and that parent’s parental rights had not been terminated. The parties to the agreement [failed to mail a copy of the executed agreement by certified mail, return receipt requested, or international registered mail, return receipt requested, as applicable, to the parent who was not a party to the agreement at that parent’s last known address not later than the tenth day after the date the authorization agreement was executed/[and]/failed to mail an additional copy of the executed agreement by first-class mail or international first-class mail, as applicable, to the parent who was not a party to the agreement at that parent’s last known address not later than the tenth day after the date the authorization agreement was executed.] The exception to the requirement for mailing a copy of the agreement that is provided in Texas Family Code section 34.005(a–2) does not apply.
|
And/Or |
7.When the authorization agreement was executed, a prior authorization agreement concerning the child was in effect and had not expired or been terminated.
|
Continue with the following if seeking to have authorization agreement declared void. |
8.The Court should declare the authorization agreement void and further declare the following acts taken by the adult caregiver void: [specify acts taken that require voiding].
|
Select one or both of the following if seeking to have voidable authorization agreement voided. |
9.[Name[s]], [a party/the parties] to the authorization agreement, knowingly [obtained the authorization agreement by fraud, duress, or misrepresentation/made a false statement on the authorization agreement].
|
And/Or |
10.On [date] [name], a party to the authorization agreement, changed [his/her] [address/contact information/address and contact information] and failed to inform each other party to the agreement of the change[s].
|
Continue with the following if seeking to have voidable authorization agreement voided. |
11.The Court should declare the authorization agreement void effective [date] and further declare all acts taken by the adult caregiver after that date void.
|
Continue with the following. |
Petitioner[s] pray[s] that citation and notice issue as required by law, that the Court [declare the attached authorization agreement void/void the attached authorization agreement/declare the attached authorization agreement void or void the agreement] as requested, and for all further relief authorized by law.
[Name]
Attorney for Petitioner[s]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]