This form is to be used if the court finds that the petitioner has not established a meritorious prima facie case for termination of the parent-child relationship under Tex. Fam. Code § 161.005(c). See Tex. Fam. Code § 161.005(f).
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 held a pretrial hearing in this case.
2.Appearances
Appearances
2.A.Petitioner
Petitioner, [name], appeared in person and through attorney of record, [name], and announced ready.
2.B.Respondent
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.
2.In Person
appeared in person and announced ready.
3.By Attorney
appeared through attorney of record, [name], and announced ready.
4.Did Not Appear (Default with No Answer)
although duly and properly cited, did not appear and wholly made default.
5.Did Not Appear (Default after Appearance)
has made a general appearance and was duly notified of pretrial hearing but failed to appear.
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.Record
Record
4.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 |
4.B.Reporter
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
5.Findings and Order
Findings and Order
The Court finds that Petitioner has failed to establish a meritorious prima facie case to terminate the parent-child relationship. IT IS THEREFORE ORDERED that this case is dismissed with prejudice.
6.Attorney’s Fees
Attorney’s Fees
IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of petitioner], Petitioner. Petitioner is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.
7.Costs
TCPRC § 31.007
Costs
All costs of court in this case are adjudged against [name], for which let execution issue.
IT IS ORDERED that Respondent, [name], is awarded a judgment of [number] dollars ($[amount]) against 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.
8.Ordering Record Sealed
Record Sealed
IT IS ORDERED that all papers and records in this case, including the minutes of the Court, be sealed.
9.Required in All Orders
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
10.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 Dismissal 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
11.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
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]