This form is intended for use when the petitioner is seeking to terminate his own parental rights based on section 161.005(c) of the Texas Family Code.
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.]
Original Petition to Terminate Parent-Child Relationship
[Nongenetic Father]
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.]
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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.Petitioner
§§ 102.003, 102.008(b)(3); TCPRC § 30.014
3.Petitioner
This suit is brought by [name], 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 [acknowledged/adjudicated] father of the child[ren] the subject of this suit.
4.Jurisdiction
§§ 102.002, 102.008(b)(1), 155.001, 155.101
4.Jurisdiction
No court has continuing jurisdiction of this suit or of the child[ren] the subject of this suit.
This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of the child[ren] the subject of this suit as a result of prior proceedings.
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Include 4.C. if any party resides outside Texas. |
4.C.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].
5.Child[ren]
5.Child[ren]
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. |
6.Person[s] Entitled to Citation
§ 102.009
6.Person[s] Entitled to Citation
The mother of the child[ren] the subject of this suit is [name].
•Service
§ 102.009(a)(7)
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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].
6.B.Court-Ordered Relationships
There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child[ren] the subject of this suit.
6.B.2.Court-Ordered Relationships
§ 102.008(b)(5)–(7)
Persons having a court-ordered relationship with the child[ren] the subject of this suit are:
Name:
Relationship:
•Service
§ 102.009
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If 6.B.2. is used, 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 6.B.2. for each additional person having a court-ordered relationship with the child(ren). |
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If appropriate, include provisions for service on the Department of Family and Protective Services and/or on the attorney general as required by Tex. Fam. Code § 102.009(a)(10), (d). |
7.Property
§ 102.008(b)(9)
7.Property
7.A.No Property
No property of consequence is owned or possessed by the child[ren] the subject of this suit.
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Or |
7.B.Property
The following property is owned or possessed by the child[ren] the subject of this suit and is valued as stated: [describe and state value of property for each child].
8.Protective Order Statement
§ 102.008(b)(11)
8.Protective Order Statement
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Select 8.A. if no order is in effect and no application is pending. Include 8.B. if one or more orders are in effect. Include 8.C. if one or more applications are pending. If suit is filed before Sept. 1, 2021, select the reference to chapter 7A of the Code of Criminal Procedure; if suit is filed on or after that date, select the reference to subchapter A, chapter 7B. |
8.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.
[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.]
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.]
9.Grounds
§ 161.005(c), (e)
9.Grounds
Petitioner is not the genetic father of the child[ren] the subject of this suit. [Allege specific supporting facts.]
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Select one of the following. |
Petitioner signed a valid acknowledgment of paternity on [date] in accordance with subchapter D, chapter 160, of the Texas Family Code without obtaining genetic testing. This acknowledgment of paternity was filed with the vital statistics unit on [date]. Petitioner alleges that he signed the acknowledgment of paternity because of the mistaken belief, at the time the acknowledgment was signed, that he was the genetic father based on misrepresentations that led him to that conclusion. [Allege specific supporting facts.]
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Or |
Petitioner was adjudicated to be the father of the child[ren] the subject of this suit in an order rendered on [date] without obtaining genetic testing. Petitioner alleges that he did not contest his parentage on the date the court rendered the order adjudicating him to be the father because of the mistaken belief, at the time the order was rendered, that he was the genetic father based on misrepresentations that led him to that conclusion. [Allege specific supporting facts.]
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Continue with the following. |
This petition is filed not later than the second anniversary of the date on which Petitioner became aware of the facts indicating that he is not the child’s genetic father.
10.Request for Pretrial Hearing and Genetic Testing
§ 161.005(f)
10.Request for Pretrial Hearing and Genetic Testing
Petitioner requests the Court to hold a pretrial hearing to determine whether Petitioner has established a prima facie meritorious case for termination of the parent-child relationship. On Petitioner’s establishment of a prima facie meritorious case for termination, Petitioner requests the Court to order Petitioner and the child[ren] to submit to genetic testing in accordance with chapter 160 of the Texas Family Code.
11.Request for Termination
§§ 161.005(h), (i), 161.206(b)
11.Request for Termination
Petitioner requests that if the genetic testing shows that he is not the genetic father of the child[ren], the Court render an order terminating the parent-child relationship between him and the child[ren] and terminating his obligation to pay future child support [include if applicable: and his obligation to pay interest accruing after the date of the order on the basis of a child support arrearage or money judgment for a child support arrearage existing on the date of the order]. [Include if applicable: Petitioner requests that the Court terminate the right of the child[ren] to inherit from and through Petitioner.]
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Include 12. if an order for possession or access is requested. |
12.Request for Possession or Access
§ 161.005(l), (m)
12.Request for Possession or Access
It would be in the best interest of the child[ren] for Petitioner to have periods of possession of or access to the child[ren], and denial of such periods of possession or access would significantly impair the child[ren]’s physical health or emotional well-being.
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Include the following if applicable. |
It would be in the best interest of the child[ren] for the child[ren] [include if applicable: and [name[s] of party[ies]]] to participate in family counseling. Petitioner requests the Court to render an order requiring Petitioner to pay [percent] percent and Respondent to pay [percent] percent of the cost of such counseling.
13.Amicus Attorney/Attorney Ad Litem
13.[Amicus Attorney/Attorney Ad Litem]
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Select as applicable. |
13.A.Child[ren]
§§ 107.001, 107.021
13.A.1.Appointment Requested
a.Amicus Attorney
Petitioner requests the Court to appoint an amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren].
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Or |
b.Attorney Ad Litem
Petitioner requests the Court to appoint an attorney ad litem to provide legal services for the child[ren].
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Or |
13.A.2.Waiver Requested
The interests of the child[ren] will be represented adequately by [name of mother], whose interests are not in conflict with the child[ren]’s interests.
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And/Or |
13.B.Incapacitated Person
§ 107.010
Petitioner requests the Court to appoint an attorney ad litem to represent the interests of [name], who is an incapacitated person entitled to citation.
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And/Or |
13.C.Service by Publication
TRCP 244
One or more persons entitled to citation must be cited by publication, and Petitioner requests the Court to appoint an attorney ad litem for any party so cited who may default or fail to appear.
14.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002
14.Attorney’s Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney. 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 undersigned attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.
15.Prayer
15.Prayer
•Required in All Petitions
Petitioner prays that citation and notice issue as required by law. Petitioner prays that the Court enter its order in accordance with the allegations of this petition.
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Include the following if applicable. |
•Optional
Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.
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Continue with the following. |
•Required
Petitioner prays for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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An unsworn declaration may be used in place of a verification. See form 8-27. |
Verification
The undersigned states under oath: “I am Petitioner in the foregoing Original Petition to Terminate Parent-Child Relationship. I have personal knowledge of the allegations and facts stated in it, and they are true and correct.”
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
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Attach any affidavits, statements, or exhibits as required by the pleadings. For affidavit providing information required under the UCCJEA, see form 56-1. For affidavit for citation by publication, see form 53-11; for affidavit for citation by other substituted service, see form 8-23. |