This form is not intended for use in suits filed by governmental entities.
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.]
1.Date of Hearing
On [date] the Court heard this case.
2.Appearances
Appearances
2.A.Petitioner[s]
1.In Person and by Attorney
Petitioner[s], [name[s]], appeared in person and through attorney of record, [name], and announced ready for trial.
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Or |
2.Agreement
Petitioner, [name], did not appear in person but has agreed to the terms of this order as evidenced by the signature of Petitioner below.
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Repeat for each additional petitioner as required. |
2.B.Respondent[s]
Respondent, [name],
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Select one of the following. |
1.In Person and by Attorney
appeared in person and through attorney of record, [name], and announced ready for trial.
2.In Person
appeared in person and announced ready for trial.
3.By Attorney
appeared through attorney of record, [name], and announced ready for trial.
4.Did Not Appear (Default with No Answer)
although duly and properly cited, did not appear and wholly made default.
5.Did Not Appear (Waiver)
waived issuance and service of citation by waiver duly filed and did not otherwise appear.
6.Did Not Appear (Agreement)
has made a general appearance and has agreed to the terms of this order to the extent permitted by law, as evidenced by the signature of Respondent below.
7.Did Not Appear (Default after Appearance)
has made a general appearance and was duly notified of trial but failed to appear and defaulted.
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Repeat for each additional respondent as required. |
2.C.Ad Litem/Amicus
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Select as applicable. |
2.C.1.Child[ren]
•Appointed
a.Attorney Ad Litem for Child[ren]
Also appearing was [name], appointed by the Court as attorney ad litem of the child[ren] the subject of this suit. [Include if applicable: The attorney ad litem has agreed to the terms of this order, as evidenced by the signature of the attorney ad litem below.]
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Or |
b.Amicus
Also appearing was [name], appointed by the Court as amicus attorney to assist the Court in protecting the best interests of the child[ren] the subject of this suit. [Include if applicable: The amicus attorney has agreed to the terms of this order, as evidenced by the signature of the amicus attorney below.]
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Or |
•Waived
The Court finds that [name], a party to the suit, has no interest adverse to the child[ren] the subject of this suit and would adequately represent the interests of the child[ren]. No attorney ad litem or amicus attorney was necessary, and none was appointed.
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And/Or |
2.C.2.Ad Litem for Incapacitated Person
Also appearing was [name], appointed by the Court as attorney ad litem of [name], who is an incapacitated person. [Include if applicable: The attorney ad litem has agreed to the terms of this order, as evidenced by the signature of the attorney ad litem below.]
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And/Or |
2.C.3.Ad Litem for Absent Party
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Tex. R. Civ. P. 244 requires that, if citation is by publication (Tex. R. Civ. P. 109) or by other substituted service (Tex. R. Civ. P. 109a), a statement of evidence, approved and signed by the judge, be filed as a part of the record. See form 53-16. Tex. Fam. Code § 102.010 similarly requires a statement of the evidence of service. |
Also appearing was [name], appointed by the Court as attorney ad litem for [name of absent party], who received process by substituted service but did not otherwise answer or appear.
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And/Or |
2.C.4.Ad Litem for Alleged Father Who Can’t Be Served at Registry Address
Also appearing was [name], appointed by the Court as attorney ad litem for [name of alleged father who registered], who could not be served with citation at the address provided to the paternity registry and could not be located after the exercise of due diligence.
2.D.Other Parties
Other parties appearing were [name[s] and relationship[s] to child[ren]].
3.Jurisdiction
Jurisdiction
The Court, after examining the record and hearing the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
4.Jury
Jury
4.A.Waived
A jury was waived, and all questions of fact and of law were submitted to the Court.
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Or |
4.B.Selected
A jury was duly selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.
5.Record
Record
5.A.Waiver
§ 105.003(c)
The making of a record of testimony was waived by the parties with the consent of the Court.
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Or |
5.B.Reporter
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
6.Child[ren]
Child[ren]
The Court finds that the following child[ren] [is/are] the subject of this suit:
Name:
Sex:
Birth date:
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Repeat above information for each additional child. |
7.Termination
Termination
7.A.Terminate Parent Respondent
7.A.1.a.Current Acts
§ 161.001(b)(1)
The Court finds by clear and convincing evidence that [name of parent to be terminated] has—
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Or |
7.A.1.b.Acts Occurring before Prior Order Denying Termination
§§ 161.001(b)(1),
161.004
The Court finds by clear and convincing evidence that an order denying termination of the parent-child relationship of [name of parent to be terminated] was rendered in [this Court/the [designation] Court of [county] County, Texas,] on [date of prior order], that the circumstances of the child[ren], parent, sole managing conservator, possessory conservator, or other party affected by the prior order have materially and substantially changed since that date, and that, before that date, [name of parent to be terminated] had—
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Select as applicable. |
(1)Left Child[ren] with Intent Not to Return
voluntarily left the child[ren] alone or in the possession of another not the parent and expressed an intent not to return;
(2)Left for 3 Months without Expressing Intent to Return
voluntarily left the child[ren] alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child[ren], and remained away for a period of at least three months;
(3)Left for 6 Months without Providing Support, etc.
voluntarily left the child[ren] alone or in the possession of another without providing adequate support of the child[ren] and remained away for a period of at least six months;
(4)Placed or Allowed in Dangerous Conditions
knowingly placed or knowingly allowed the child[ren] to remain in conditions or surroundings that endanger the physical or emotional well-being of the child[ren];
(5)Conduct That Endangers Child[ren]
engaged in conduct or knowingly placed the child[ren] with persons who engaged in conduct that endangers the physical or emotional well-being of the child[ren];
(6)Failed to Support for 1 Year
failed to support the child[ren] in accordance with [his/her] ability during a period of one year ending within six months of the date of the filing of the petition;
(7)Abandoned Child[ren] without Identifying
abandoned the child[ren] without identifying the child[ren] or furnishing means of identification, and the child[ren]’s [identity/identities] cannot be ascertained by the exercise of reasonable diligence;
(8)Abandoned Mother during Pregnancy
voluntarily, and with knowledge of the pregnancy, abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;
(9)Refused to Submit to Court Order
contumaciously refused to submit to a reasonable and lawful order of a court under subchapter D, chapter 261, of the Texas Family Code;
(10)Cause of Absence from School
been the major cause of the failure of the child[ren] to be enrolled in school as required by the Texas Education Code;
(11)Cause of Absence from Home
been the major cause of the child[ren]’s absence from the home without the consent of the parents or guardian for a substantial length of time or without the intent to return;
(12)Executed Affidavit of Relinquishment
executed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided for by chapter 161 of the Texas Family Code;
(13)Injured Child—Penal Code Violation
been convicted or placed on community supervision (including deferred adjudication community supervision) for being criminally responsible for the death or serious injury of a child under [section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code/[specify provision of law of another jurisdiction], which contains elements that are substantially similar to the elements of an offense under section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code];
(14)Injured Child—Title 3 Adjudication
been adjudicated under title 3 of the Texas Family Code for conduct that caused the death or serious injury of a child and that would constitute a violation of section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code;
(15)Terminated with Regard to Another Child
had [his/her] parent-child relationship terminated with respect to another child based on a finding that [his/her] conduct was in violation of paragraph (D) or (E) of section 161.001(b)(1) of the Texas Family Code or substantially equivalent provisions of the law of another state;
(16)Used Drugs and Didn’t Complete Program
used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the child[ren] and failed to complete a court-ordered substance abuse treatment program;
(17)Used Drugs after Completing Program
used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health and safety of the child[ren] and, after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance;
(18)Knowingly Engaged in Criminal Conduct
knowingly engaged in criminal conduct that has resulted in [his/her] conviction of an offense and confinement or imprisonment and inability to care for the child[ren] for not less than two years from the date the petition was filed;
(19)Caused Child’s Addiction
been the cause of the child[ren]’s being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 161.001(a) of the Texas Family Code;
(20)Delivered to Emergency Care Provider without Expressing Intent to Return
voluntarily delivered the child[ren] to a designated emergency infant care provider under section 262.302 of the Texas Family Code without expressing an intent to return for the child[ren];
(21)Been Convicted of Murder of Child[ren]’s Other Parent
been convicted of the murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(22)Been Convicted of Criminal Attempt to Murder Child[ren]’s Other Parent
been convicted of criminal attempt under [section 15.01 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal attempt under section 15.01 of the Texas Penal Code,] to commit the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(23)Been Convicted of Criminal Solicitation of Murder of Child[ren]’s Other Parent
been convicted of criminal solicitation under [section 15.03 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal solicitation under section 15.03 of the Texas Penal Code,] of the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(24)Been Convicted of Sexual Assault of Child[ren]’s Other Parent
been convicted of the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].
(25)Community Supervision for Sexual Assault of Child[ren]’s Other Parent
been placed on [community supervision/deferred adjudication community supervision/[specify other functionally equivalent form of community supervision or probation]] for being criminally responsible for the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].
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And/Or |
The Court finds by clear and convincing evidence that the child was born alive as the result of an abortion.
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And/Or |
7.A.3.Pregnancy Resulting from Criminal Act
§ 161.007
7.A.3.a.Parents Were Not Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(a)
The Court finds by clear and convincing evidence that [name of parent to be terminated] was not married to or cohabiting with the other parent for the two years after the birth of the child, that he has engaged in conduct that constitutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of that conduct, the victim of the conduct became pregnant with his child.
7.A.3.b.Parents Were Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(b)
The Court finds by clear and convincing evidence that [name of parent to be terminated] was married to or cohabiting with the other parent for the two years after the birth of the child, that he has been convicted of an offense committed under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of his commission of the offense, the other parent became pregnant with the child.
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Continue with the following. |
7.A.4.Best Interest
The Court also finds by clear and convincing evidence that termination of the parent-child relationship between [name of parent to be terminated] and the child[ren] the subject of this suit is in the best interest of the child[ren].
7.A.5.Termination Ordered
IT IS THEREFORE ORDERED that the parent-child relationship between [name of parent terminated] and the child[ren] the subject of this suit is terminated.
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Repeat grounds and order for other parent if the rights of both parents are being involuntarily terminated. |
7.B.Terminate Alleged Father
7.B.1.Affidavit of Waiver of Interest
§§ 161.106, 161.204
The Court finds by clear and convincing evidence that the parent-child relationship between the child[ren] the subject of this suit and the alleged father, [name], does not exist in law or in fact and that he has executed an affidavit of waiver of interest as to the child[ren], including a waiver of notice and of service of citation, which affidavit is filed in this case.
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And/Or |
7.B.2.a.Current Acts
§ 161.001(b)(1)
The Court finds by clear and convincing evidence that [name of alleged father] has—
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Or |
7.B.2.b.Acts Occurring before Prior Order Denying Termination
§§ 161.001(b)(1), 161.004
The Court finds by clear and convincing evidence that an order denying termination of the parent-child relationship of [name of alleged father] was rendered in [this Court/the [designation] Court of [county] County, Texas,] on [date of prior order], that the circumstances of the child[ren], alleged father, sole managing conservator, possessory conservator, or other party affected by the prior order have materially and substantially changed since that date, and that, before that date, [name of alleged father] had—
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Select as applicable. |
(1)Left Child[ren] with Intent Not to Return
voluntarily left the child[ren] alone or in the possession of another not the parent and expressed an intent not to return;
(2)Left for 3 Months without Expressing Intent to Return
voluntarily left the child[ren] alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child[ren], and remained away for a period of at least three months;
(3)Left for 6 Months without Providing Support, etc.
voluntarily left the child[ren] alone or in the possession of another without providing adequate support of the child[ren] and remained away for a period of at least six months;
(4)Placed or Allowed in Dangerous Conditions
knowingly placed or knowingly allowed the child[ren] to remain in conditions or surroundings that endanger the physical or emotional well-being of the child[ren];
(5)Conduct That Endangers Child[ren]
engaged in conduct or knowingly placed the child[ren] with persons who engaged in conduct that endangers the physical or emotional well-being of the child[ren];
(6)Failed to Support for 1 Year
failed to support the child[ren] in accordance with his ability during a period of one year ending within six months of the date of the filing of the petition;
(7)Abandoned Child[ren] without Identifying
abandoned the child[ren] without identifying the child[ren] or furnishing means of identification, and the child[ren]’s [identity/identities] cannot be ascertained by the exercise of reasonable diligence;
(8)Abandoned Mother during Pregnancy
voluntarily, and with knowledge of the pregnancy, abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;
(9)Refused to Submit to Court Order
contumaciously refused to submit to a reasonable and lawful order of a court under subchapter D, chapter 261, of the Texas Family Code;
(10)Cause of Absence from School
been the major cause of the failure of the child[ren] to be enrolled in school as required by the Texas Education Code;
(11)Cause of Absence from Home
been the major cause of the child[ren]’s absence from the home without the consent of the parents or guardian for a substantial length of time or without the intent to return;
(12)Executed Affidavit of Relinquishment
executed an affidavit of waiver of interest that constitutes an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided for by chapter 161 of the Texas Family Code;
(13)Injured Child—Penal Code Violation
been convicted or placed on community supervision (including deferred adjudication community supervision) for being criminally responsible for the death or serious injury of a child under [section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code/[specify provision of law of another jurisdiction], which contains elements that are substantially similar to the elements of an offense under section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code];
(14)Injured Child—Title 3 Adjudication
been adjudicated under title 3 of the Texas Family Code for conduct that caused the death or serious injury of a child and that would constitute a violation of section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code;
(15)Terminated with Regard to Another Child
had his parent-child relationship terminated with respect to another child based on a finding that his conduct was in violation of paragraph (D) or (E) of section 161.001(b)(1) of the Texas Family Code or substantially equivalent provisions of the law of another state;
(16)Used Drugs and Didn’t Complete Program
used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the child[ren] and failed to complete a court-ordered substance abuse treatment program;
(17)Used Drugs after Completing Program
used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health and safety of the child[ren] and, after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance;
(18)Knowingly Engaged in Criminal Conduct
knowingly engaged in criminal conduct that has resulted in his conviction of an offense and confinement or imprisonment and inability to care for the child[ren] for not less than two years from the date the petition was filed;
(19)Caused Child’s Addiction
been the cause of the child[ren]’s being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 161.001(a) of the Texas Family Code;
(20)Delivered to Emergency Care Provider without Expressing Intent to Return
voluntarily delivered the child[ren] to a designated emergency infant care provider under section 262.302 of the Texas Family Code without expressing an intent to return for the child[ren];
(21)Been Convicted of Murder of Child[ren]’s Other Parent
been convicted of the murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(22)Been Convicted of Criminal Attempt to Murder Child[ren]’s Other Parent
been convicted of criminal attempt under [section 15.01 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal attempt under section 15.01 of the Texas Penal Code,] to commit the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(23)Been Convicted of Criminal Solicitation of Murder of Child[ren]’s Other Parent
been convicted of criminal solicitation under [section 15.03 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal solicitation under section 15.03 of the Texas Penal Code,] of the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].
(24)Been Convicted of Sexual Assault of Child[ren]’s Other Parent
been convicted of the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].
(25)Community Supervision for Sexual Assault of Child[ren]’s Other Parent
been placed on [community supervision/deferred adjudication community supervision/[specify other functionally equivalent form of community supervision or probation]] for being criminally responsible for the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].
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And/Or |
The Court finds by clear and convincing evidence that the child was born alive as the result of an abortion.
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And/Or |
7.B.4.Failure to Respond
§ 161.002(b)(1)
The Court finds by clear and convincing evidence that, after being served with citation in this suit, [name of alleged father] did not respond by timely filing an admission of paternity or by filing a counterclaim for paternity to be adjudicated under chapter 160 of the Texas Family Code.
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And/Or |
7.B.5.Pregnancy Resulting from Criminal Act
§ 161.007
7.B.5.a.Parents Were Not Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(a)
The Court finds by clear and convincing evidence that [name of alleged father] was not married to or cohabiting with the other parent for the two years after the birth of the child, that he has engaged in conduct that constitutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of that conduct, the victim of the conduct became pregnant with his child.
7.B.5.b.Parents Were Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(b)
The Court finds by clear and convincing evidence that [name of alleged father] was married to or cohabiting with the other parent for the two years after the birth of the child, that he has been convicted of an offense committed under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of his commission of the offense, the other parent became pregnant with the child.
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And/Or |
7.B.6.Failure to Register
§§ 161.002(b)(2), 160.422
The Court finds by clear and convincing evidence that the child does not have a presumed or acknowledged father. The Court further finds that no man has registered with the paternity registry under chapter 160 of the Texas Family Code within the time prescribed by law, as evidenced by the certificate of paternity registry search that is on file in this cause.
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And/Or |
7.B.7.Service Attempts at Registry Address Unsuccessful
§ 161.002(b)(3)
The Court finds by clear and convincing evidence that [name of alleged father] registered with the paternity registry under chapter 160 of the Texas Family Code and that the attempt of Petitioner[s] to personally serve citation at the address provided to the registry and at any other address for [name of alleged father] known to Petitioner[s] has been unsuccessful. The Court specifically finds, after reviewing the sworn affidavit of Petitioner[s] describing the effort of Petitioner[s] to obtain personal service of citation on the alleged father and considering all evidence presented, including that of the attorney ad litem appointed to represent the alleged father, that due diligence has been exercised.
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Continue with the following. |
7.B.8.Best Interest
The Court also finds by clear and convincing evidence that termination of the parent-child relationship, if any exists or could exist, between [[name of alleged father]/the biological father] and the child[ren] the subject of this suit is in the best interest of the child[ren].
7.B.9.Termination Ordered
IT IS THEREFORE ORDERED that the parent-child relationship, if any exists or could exist, between [[name of alleged father]/the biological father] and the child[ren] the subject of this suit is terminated.
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Include 8. if applicable. Caution: Consider carefully the advisability of terminating a child’s inheritance rights. |
8.Optional Termination of Rights of Inheritance
Inheritance Rights
IT IS ORDERED that the right of the child[ren] to inherit from and through [name[s]] is terminated.
9.Adoption Evaluation
[Adoption/Custody] Evaluation
The Court finds that the required [adoption/custody] evaluation has been performed and the evaluator’s report is on file herein. The Court further finds that the [adoption/custody] evaluation meets the requirements of the Court.
10.Indian Child[ren]
Indian Child[ren]
The Court finds by clear and convincing evidence that there is no reason to know that the [child is an Indian Child/children are Indian Children] as defined by the Indian Child Welfare Act.
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Or |
The Court finds by clear and convincing evidence that the [child is an Indian Child/children are Indian Children] as defined by the Indian Child Welfare Act.
11.Interstate Compact
Interstate Compact
The Court finds by clear and convincing evidence that Petitioner has filed a verified allegation or statement regarding compliance with the Interstate Compact on the Placement of Children as required by section 162.002 of the Texas Family Code.
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Include 12. only if there is no presumed or acknowledged father. |
12.Certificate of Paternity Registry Search
§ 160.422
Certificate of Paternity Registry Search
The Court finds by clear and convincing evidence that Petitioner has filed a certificate of paternity registry search.
13.Managing Conservator
Managing Conservator
IT IS ORDERED that [name] is appointed Managing Conservator of the child[ren] the subject of this suit, the Court finding this appointment to be in the best interest of the child[ren].
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Include the following if applicable. |
IT IS ORDERED that [name of nonparent managing conservator] shall, each twelve months after the date of this order, file with the Court a report of facts concerning the child[ren]’s welfare, including the child[ren]’s whereabouts and physical condition.
14.Attorney’s Fees, Expenses, and Costs
Attorney’s Fees, Expenses, and Costs
IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent. Respondent is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.
14.B.Ad Litem/Amicus for Child[ren]
The Court finds that [name of attorney] has satisfactorily discharged all of [his/her] duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that [he/she] is hereby discharged and relieved of any further rights, duties, and responsibilities in this cause. IT IS FURTHER ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as legal fees for services rendered as [attorney ad litem/amicus attorney]. [Include if applicable: The Court finds that these fees are necessaries for the benefit of the child[ren].] These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
14.C. Attorney Ad Litem for Incapacitated Person
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name], an incapacitated person. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
14.D.Attorney Ad Litem for Absent Party
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name of absent party], who received process by substituted service but did not otherwise appear. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
14.E.Attorney Ad Litem for Alleged Father Who Can’t Be Served at Registry Address
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name of party who registered], who registered with the paternity registry but could not be served with citation at the address provided and could not be located after the exercise of due diligence. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
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Repeat for each additional attorney ad litem as needed. |
15.Costs
TCPRC § 31.007
Costs
15.A.One Party Due—No Judgment
All costs of court in this case are adjudged against [name], for which let execution issue.
IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in this case, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.
IT IS ORDERED that costs of court are to be borne by the party who incurred them.
IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent, [name], for which let execution issue.
16.Medical History Report
§§ 161.1031, 161.2021
Medical History Report
The Court finds that [name of parent] has prepared a medical history report that addresses the medical history of [name of parent] and [name of parent]’s ancestors.
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Or |
IT IS ORDERED that [name of parent] shall provide information regarding the medical history of [name of parent] and [name of parent]’s ancestors.
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If applicable, repeat as appropriate for other parent. |
17.Ordering Record Sealed
Record Sealed
IT IS ORDERED that all papers and records in this case, including the minutes of the Court, be sealed.
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Include order for support under Tex. Fam. Code § 154.001(a–1) if applicable. |
18.Required in All Orders
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
19.Date of Order
Date of Order
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Select one of the following. |
SIGNED on ___________________________________.
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Or |
This Order of Termination judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ___________________________________.
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Continue with the following. |
JUDGE PRESIDING
20.Approvals
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Include the following in all orders unless there is a motion to sign order. |
APPROVED AS TO FORM ONLY:
[Name]
Attorney for Petitioner[s]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Include the following if applicable. |
[Name]
[Attorney Ad Litem/Amicus Attorney]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Repeat if more than one ad litem/amicus. |
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If the parties agree to all the terms of the order and do not intend to appeal, include the following. |
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
Petitioner
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Repeat for second petitioner if applicable. |
Respondent
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Repeat for any additional respondent. |