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Chapter 44

Form 44-3

A grandparent filing suit for possession of or access to a child must execute and attach a supporting affidavit, as described in Tex. Fam. Code § 153.432(c). See the practice notes at section 8.58 concern­ing affidavits generally.

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

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

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

Affidavit in Support of Possession or Access by Grandparent

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

“My name is [name of affiant]. 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.

“Based on the following facts, I allege that denial of possession of or access to [name[s] of child[ren]] by [name of affiant] would significantly impair the child[ren]’s physical health or emotional well-being.

Placing the statements in quotation marks, allege specific facts and the basis for personal knowledge.

   
[Name of affiant]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas