Form 3-2

This form may be used as a basis for obtaining service of citation by publication and as a basis for obtaining extraordinary relief or an ex parte eviction. The affidavit should state the basis for the affi­ant’s personal knowledge of the facts alleged. See the practice notes at section 8.58 concerning affida­vits generally.

Tex. R. Civ. P. 99 and 103–119 and Tex. Fam. Code §§ 6.409, 102.009, 102.010 govern the require­ments of citation and notice. Citation is required only once. Tex. R. Civ. P. 109 requires an affidavit for citation by publication.

Except on a verified pleading or an affidavit in accordance with the Texas Rules of Civil Procedure, an order may not be entered attaching the body of the child, taking the child into the possession of the court or of a person designated by the court, or excluding a parent from possession of or access to a child. Tex. Fam. Code § 105.001(c).

Except as provided in Texas Family Code title 4, an order may not be entered that evicts, ex parte, a party from the party’s residence. Tex. Fam. Code § 6.501(b)(2)(A). For this relief, it is required that the applicant file a sworn affidavit and appear in person at an ex parte hearing. Tex. Fam. Code § 83.006(a).

Section 152.209 requires that certain information be given by supporting affidavit in any child custody proceeding if any party resides outside Texas. Tex. Fam. Code § 152.209. See form 56-1 for an affida­vit for this purpose.

An unsworn declaration may be used in place of an affidavit. See section 8.58 and form 8-27.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petitioner’s Supporting Affidavit

[Name of petitioner] appeared in person before me today and stated under oath:

“My name is [name of petitioner]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affida­vit are within my personal knowledge and are true and correct.

“I am the Petitioner in this case.

1.Citation by Publication

1.A.Residence Unknown
TRCP 109

“The residence of [name of person entitled to citation], a party in this case, is unknown to me. I have exercised due diligence to locate the where­abouts of this party and have been unable to do so.[”]

1.B.Transient
TRCP 109

“[Name of person entitled to citation], a party in this case, is a transient person. I have exercised due diligence to locate the whereabouts of this party and have been unable to do so.[”]

1.C.Absent from State
TRCP 109

“[Name of person entitled to citation], a party in this case, is absent from the state. I have attempted to obtain personal service of nonresident notice on this party as provided for in rule 108 of the Texas Rules of Civil Procedure and have been unable to do so.[”]

1.D.Nonresident
TRCP 109

“[Name of person entitled to citation], a party in this case, is a nonresi­dent of this state. I have attempted to obtain personal service of nonresident notice on this party as provided for in rule 108 of the Texas Rules of Civil Pro­cedure and have been unable to do so.[”]

1.E.No Parent-Child Relationship
§ 6.409(d)

1.E.1.No Child

“There is no child born or adopted of the marriage of Petitioner and Respondent, and none is expected.[”]

1.E.2.No Child under 18

“There is no child now under eighteen years of age who was born or adopted of the marriage of Petitioner and Respondent, and none is expected.[”]

1.F.No Appreciable Property
§ 6.409(e)

“No appreciable amount of property was accumulated by Petitioner and Respondent during the marriage.[”]

2.Extraordinary Relief
§ 105.001(c)

3.Ex Parte Eviction
§§ 6.503, 83.006, 85.021(2)

   
[Name of petitioner]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas