Form 36-12

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Response to Petition for Writ of Habeas Corpus

[to Return Child[ren]]

[Name of respondent], Respondent, submits to the Court this response to the Petition for Writ of Habeas Corpus filed in this case by [name of petitioner], Petitioner. [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]

Preservation of Evidence: Petitioner is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Petitioner’s possession or subject to Petitioner’s control and electronic documents, files, or other data generated by or stored on Petitioner’s home com­puter, work computer, storage media, portable systems, electronic devices, online reposito­ries, or cell phone.

1.Respondent enters a general denial.

2.Petitioner does not have the right to possession of the child[ren] by virtue of any court order.

2.Petitioner is not a parent of the child[ren].

2.Respondent was not given reasonable notice of the proceeding that resulted in ren­dition of the order governing the right of possession of the child[ren]. Respondent was not given an opportunity to be heard at that proceeding.

3.Petitioner has, by consent, relinquished possession and control of the child[ren] to Respondent for at least six months before the date of filing of the Petition for Writ of Habeas Corpus.

4.A suit affecting the parent-child relationship is pending. Petitioner and Respon­dent have received proper notice of that suit and of the date and time set for hearing on tempo­rary orders sought in the pending suit affecting the parent-child relationship, which is the same date and time as the hearing on the Petition for Writ of Habeas Corpus in this case. Respondent requests the following temporary orders: [describe temporary relief sought].

5.There is a serious immediate question concerning the welfare of the child[ren].

6.It was necessary for Respondent to secure the services of [name of attorney], a licensed attorney, to preserve and protect the rights of the child[ren]. Petitioner should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be ren­dered in favor of this attorney and against Petitioner and be ordered paid directly to Respon­dent’s attorney, who may enforce the judgment in the attorney’s own name. Respondent requests postjudgment interest as allowed by law.

7.Information required by section 152.209 of the Texas Family Code is provided in the attached affidavit.

Respondent prays that this Court deny the Petition for Writ of Habeas Corpus. [Include if applicable: Respondent further prays for entry of temporary orders as requested above and in the pending suit affecting the parent-child relationship.]

Respondent prays for recovery of attorney’s fees, expenses, costs, and interest as requested above.

Respondent prays for general relief.

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]