This order is based on Tex. Fam. Code § 161.005(c)–(o), as enacted in 2011, which does not provide a procedure for obtaining findings by clear and convincing evidence of the prima facie aspect of petitioner’s claim. This order is appropriate for use only in a suit to terminate the parent-child relationship of a nongenetic father.
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.]
[Order of Termination/Order Denying Termination]
1.Date of Hearing
On [date] the Court heard this case.
2.Appearances
Appearances
2.A.Petitioner
Petitioner, [name], appeared in person and through attorney of record, [name], and announced ready for trial.
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 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.
2.C.Amicus/Ad Litem
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Select as applicable. |
2.C.1.Child[ren]
•Appointed
Also appearing was [name], appointed by the Court as [amicus attorney to assist the Court in protecting the best interests of/attorney ad litem to provide legal services for] the child[ren] the subject of this suit. [Include if applicable: The [amicus attorney/attorney ad litem] has agreed to the terms of this order, as evidenced by the signature of the [amicus attorney/attorney ad litem] 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.
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.Prima Facie Claim Established
Prima Facie Claim Established
The Court finds that Petitioner has established a meritorious prima facie claim that he is not the genetic father of the child[ren] and that he [signed [an] acknowledgment[s] of paternity/failed to contest parentage] because of a mistaken belief at the time the [acknowledgment[s] [was/were] signed/court order was rendered] that he was the genetic father based on misrepresentations that led him to that conclusion. The Court further finds that Petitioner has established a prima facie claim that the petition in this case was 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[ren]’s genetic father.
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 Denied
§ 161.005(g)
Termination Denied
The Court finds by clear and convincing evidence that the results of [initial] genetic testing ordered by the Court identify Petitioner as the genetic father of the child[ren] [include if applicable: and that the results of further testing requested by Petitioner and ordered by the Court do not exclude Petitioner as the genetic father of the child[ren]].
IT IS THEREFORE ORDERED that Petitioner’s request for termination of the parent-child relationship between Petitioner and the child[ren] is DENIED and that Petitioner’s rights and duties with respect to the child[ren], including the duty to support the child[ren], remain in full force and effect.
8.Termination Granted
§§ 161.005(h), 161.206
Termination
The Court finds by clear and convincing evidence that the results of genetic testing ordered by the Court exclude Petitioner as the genetic father of the child[ren].
IT IS THEREFORE ORDERED that the parent-child relationship between [name of petitioner] and the child[ren] the subject of this suit is terminated. IT IS FURTHER ORDERED that Petitioner’s obligation to pay future child support is hereby terminated [include if applicable: and that Petitioner’s obligation to pay interest accruing in the future on the basis of the existing [arrearage/money judgment for an arrearage] in child support is hereby terminated]. [Include if applicable: IT IS FURTHER ORDERED that the right of the child[ren] to inherit from and through Petitioner is terminated.]
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Include 9. if applicable. |
9.Optional Orders for Possession or Access
[Possession/Access]
The Court finds that it would be in the best interest of the child[ren] for Petitioner to have periods of [possession of/access to] the child[ren] and that denial of such periods of [possession/access] would significantly impair the child[ren]’s physical health or emotional well-being. IT IS THEREFORE ORDERED that Petitioner shall have [possession of/access to] the children as follows:
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For orders regarding possession and access, including required notices and warnings, see form 40-6. |
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Include 10. if applicable. |
10.Optional Orders for Counseling
Family Counseling
The Court finds that it would be in the best interest of the child[ren] for [include as applicable: [name[s] of child[ren]]/[name of petitioner]/[name of respondent]] to participate in family counseling. IT IS THEREFORE ORDERED that [include as applicable: [name[s] of child[ren]]/[name of petitioner]/[name of respondent]] participate in family counseling with [name of counselor]. Petitioner is ORDERED to pay [percent] percent and Respondent is ORDERED to pay [percent] percent of the cost of the counseling.
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Continue with the following in all orders. |
11.Attorney’s Fees, Expenses, and Costs
Attorney’s Fees, Expenses, and Costs
11.A.[Petitioner/Respondent]’s Attorney
IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party to whom fees are awarded], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name], [Petitioner/Respondent]. [Petitioner/Respondent] is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.
11.B.Ad Litem/Amicus for Child[ren]
The Court finds that [name of attorney] has satisfactorily discharged all of the duties and obligations under chapter 107 of the Texas Family Code, and IT IS ORDERED that [he/she] is hereby discharged and relieved of any further rights, duties, and responsibilities in this cause. IT IS FURTHER ORDERED that [name of attorney] is awarded [number] dollars ($[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.
11.C. Attorney Ad Litem for Incapacitated Person
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name], an incapacitated person. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
11.D.Attorney Ad Litem for Absent Party
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[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.
12.Costs
TCPRC § 31.007
Costs
12.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.
13.Ordering Record Sealed
Record Sealed
IT IS ORDERED that all papers and records in this case, including the minutes of the Court, be sealed.
14.Required in All Orders
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
15.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/Order Denying 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
16.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]
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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
Respondent