Form 41-5

This form is for use in seeking to deny relief in a suit seeking modification of the designation of the person having the exclusive right to designate primary residence filed within one year after the earlier of the date of the rendition of the order or the signing of a mediated or collaborative law settlement agreement on which the order is based. See Tex. Fam. Code § 156.102.

For a form for use in seeking to deny relief requested in a motion for a temporary order affecting the designation of the person having the exclusive right to designate primary residence or the geographic area within which the primary residence must be maintained based on Tex. Fam. Code § 156.006(b)(1), see form 41-11 in this manual.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Deny Relief in Suit to Modify Parent-Child Relationship

This Motion to Deny Relief in Suit to Modify Parent-Child Relationship is brought by [name of movant], [party designation]. [Include the following if this is movant’s initial plead­ing: [The last three numbers of [name of movant]’s driver’s license number are [numbers]./[Name of movant] has not been issued a driver’s license.] [The last three numbers of [name of movant]’s Social Security number are [numbers]./[Name of movant] has not been issued a Social Security number.]] [Name of movant] shows in support:

1.The suit to modify was filed to modify the designation of the person having the exclusive right to designate the primary residence of the child[ren] and was filed within one year after the date of the [rendition of the order to be modified/signing of the [mediated/collaborative law] settlement agreement on which the order to be modified is based].

2.Neither the petition nor any attachments provide the Court with adequate facts to support (a) an allegation that the child[ren]’s present environment may endanger [his/her/their] physical health or significantly impair [his/her/their] emotional development; (b) the allegations that the person who has the exclusive right to designate the primary residence of the child[ren] is seeking the modification or consents to the modification and that the modifi­cation is in the best interest of the child[ren]; or (c) the allegations that the person who has the exclusive right to designate the primary residence of the child[ren] has voluntarily relin­quished the primary care and possession of the child[ren] to another person for at least six months and that the modification is in the best interest of the child[ren].

3.[Name of movant] requests that the Court deny Petitioner’s request to modify the designation of the person having the exclusive right to designate the primary residence of the child[ren] sought in the Petition to Modify Parent-Child Relationship and refuse to schedule a hearing on that issue. [Name of movant] requests attorney’s fees, expenses, and costs, pursuant to the attached affidavit.

[Name of movant] prays the Court grant this motion.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]