Form 9-14

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Support of Disabled Child

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.]

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.Parties

This suit is brought by [name of petitioner], who is the [child/[relationship] of the child] the subject of this suit. [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.]

[Name[s] of respondent[s]] [is/are] Respondent[s].

4.Jurisdiction

No court has continuing jurisdiction of this suit or of the child the subject of this suit.

5.Child

The following child is the subject of this suit:

Name:

Sex:

Birth date:

6.Persons Entitled to Citation

The mother of the child the subject of this suit is [name].

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

The father of the child the subject of this suit is [name].

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

7.Disabled Child

Respondent[s] [is/are] the [mother/father/parents] of [name of child]. The court should order Respondent[s] to pay for support of [name of child] because [name of child] requires substantial care and personal supervision because of a mental and/or physical disability and is not capable of self-support. Respondent[s] should be ordered to provide support for the child in the manner specified by the Court. [Include if applicable: Petitioner should be granted pos­session of or access to [name of child] as is appropriate under the circumstances. The Court should determine the rights and duties of the parents with respect to [name of child].]

[Name of child] is less than eighteen years of age, and the disability currently exists.

[Name of child] is over the age of eighteen years, and the disability exists now and existed on or before [name of child]’s eighteenth birthday.

[Name of child] is over the age of eighteen years, the disability exists now, and the cause of disability was known to exist on or before [name of child]’s eighteenth birthday.

8.Attorney’s Fees

It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney, to preserve and protect the child’s rights. Respondent, [name of 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 the 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.

9.Prayer

Petitioner prays that citation and notice issue as required by law.

Petitioner prays that Respondent[s] be ordered to pay support for [name of child].

Petitioner prays for possession of or access to [name of child] as is appropriate under the circumstances.

Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above and for general relief.

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]