Form 43-2

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Respondent’s Special Appearance, Plea to the Jurisdiction, Request for Court to Decline Jurisdiction, and Original Answer

[UCCJEA]

Respondent, [name of respondent], files this Special Appearance, Plea to the Jurisdic­tion, Request for Court to Decline Jurisdiction, and Original Answer. [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’s Special Appearance

Respondent files this special appearance under rule 120a of the Texas Rules of Civil Procedure. Respondent’s legal domicile is outside Texas and is in [location]. Respondent’s person and property are not amenable to process issued by the courts of Texas. None of the grounds for personal jurisdiction provided in the Texas Family Code are applicable. Assump­tion of jurisdiction over Respondent by this Court would offend traditional notions of fair play and substantial justice. Respondent has had insufficient contacts with Texas to warrant an assumption of jurisdiction. Respondent prays that this Court hear and determine this challenge to personal jurisdiction before hearing any other plea or pleading and enter an appropriate order. In conjunction with this special appearance, Respondent is providing an affidavit that sets out in greater detail the factual circumstances that support this special appearance.

Respondent requests that the Court grant Respondent’s special appearance.

2.Plea to the Jurisdiction

If Respondent’s special appearance is denied, Respondent requests this Court to dis­miss this action because Texas lacks subject-matter jurisdiction in this action under section 152.203 of the Texas Family Code.

3.Request for Court to Decline Jurisdiction

In the alternative, if Respondent’s special appearance is denied and if the Court finds that it has subject-matter jurisdiction to make a child custody determination in this proceed­ing, Respondent requests this Court to decline jurisdiction and dismiss this case [include if applicable: or, alternatively, stay these proceedings on the condition that a custody proceeding be promptly commenced in [state]] because:

Texas is an inconvenient forum to make a custody determination under the circum­stances in this case, and [state] is a more appropriate forum for this custody determination.

Petitioner has engaged in unjustifiable conduct.

Further, if the Court finds that Texas is an inconvenient forum or that Petitioner has engaged in unjustifiable conduct causing this Court to decline jurisdiction, Respondent asks that the Court require Petitioner to pay necessary and reasonable expenses incurred by Respondent, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of these proceedings. Respondent requests that the Court order that payment be made to the clerk of the Court for remittance to Respondent.

4.Original Answer

Subject to the foregoing, and without waiving same, Respondent enters a general denial.

5.Objection to Assignment of Case to Associate Judge

Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

6.Required Information

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

7.Attorney’s Fees

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

8.Prayer

Respondent prays that the Court grant the relief requested in the Special Appearance and Plea to the Jurisdiction. If the Court finds that it has subject-matter jurisdiction to make a custody determination, Respondent asks the Court to grant Respondent the relief requested in the Request for Court to Decline Jurisdiction.

Respondent prays for 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]

Verification

The undersigned states under oath: “I am Respondent in the foregoing Respondent’s Special Appearance and Plea to the Jurisdiction. I have personal knowledge of the allegations and facts stated therein, and they are true and correct.”

   
[Name of respondent]

SIGNED under oath before me on ________________________________________.

   
Notary Public, State of Texas