Form 45-1

This petition to modify an order rendered in a suit affecting the parent-child relationship must be filed under the same docket number in the court of continuing jurisdiction.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition to Modify Parent-Child Relationship Based on Military Duty

1.Discovery
TRCP 190.1

1.Discovery

Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent 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 Respondent’s pos­session or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work com­puter, storage media, portable systems, electronic devices, online repositories, or cell phone.

2.Parties and Order
§§ 102.008, 156.001 et seq.; TCPRC § 30.014

2.Parties and Order to Be Modified

This suit to modify a prior order is brought by [name of petitioner], Peti­tioner. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.] Petitioner is the [specify] of the child[ren] and has standing to bring this suit. The requested modification will be in the best interest of the child[ren].

[Name of respondent] is Respondent.

[Name of person designated by petitioner] is the person requested by Petitioner to be designated by the Court to temporarily exercise Petitioner's rights, duties, and periods of possession and access with regard to the child[ren] the subject of this suit during Petitioner's [military deployment/military mobilization/temporary military duty].

The order to be modified is entitled [title of prior order] and was ren­dered on [date].

3.Jurisdiction
§ 102.008(b)(1)

3.Jurisdiction

This Court has continuing, exclusive jurisdiction of this suit.

4.Child[ren]
§ 102.008(b)(2)

4.Child[ren]

The following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

County of residence:

5.Parties Affected
§§ 102.008(b)(3)–(8), 156.003

5.Parties Affected

5.A.Parties

The following parties may be affected by this suit:

Name:

Relationship: [e.g., joint managing conservator, managing conservator, possessory conservator, parent, guardian of person, guardian of estate]

•Service
§ 102.009

1.Personal

Process should be served [include if applicable: at [address, city, state, zip code]].

2.Waiver

No service is necessary at this time.

3.Substituted
§ 102.010

Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

5.B.UCCJEA Information
§ 152.209

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

6.Nonresident Entitled to Citation
§ 102.011

6.Nonresident Entitled to Citation

[Name of nonresident], named above, is a nonresident of Texas.

6.A.Personal Service of Citation
§ 102.011(b)(1)

The nonresident person was or will be personally served with citation in Texas.

6.B.Submission to Jurisdiction
§ 102.011(b)(2)

The nonresident person has submitted or will submit to the jurisdiction of Texas by consent, by entering a general appearance, or by filing a respon­sive document having the effect of waiving any contest to personal jurisdic­tion.

6.C.Other Long-Arm Jurisdiction Facts
§ 102.011(b)(8)

7.Insurance Information
§§ 154.181(b), 154.1815(c)

7.Insurance Information

Information required by sections 154.181(b) and 154.1815(c) of the Texas Family Code is provided in the statement attached as Exhibit [exhibit number/letter].

8.Property

8.Child[ren]’s Property

8.A.No Change

There has been no change of consequence in the status of the child[ren]’s property since the prior order was rendered.

8.B.Change Since Prior Order

The following changes in the status of the child[ren]’s property have occurred since the prior order was rendered: [describe changes].

9.Protective Order Statement
§ 102.008(b)(11)

9.Protective Order Statement

9.A.No Order or Pending Application

No protective order under title 4 of the Texas Family Code, protective order under subchapter A of chapter 7B of the Texas Code of Criminal Proce­dure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.

9.B.Order Issued

[Include as applicable: A protective order under title 4 of the Texas Fam­ily Code/A protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]

9.C.Application Pending

An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emer­gency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]

10.Temporary Modification

10.Temporary Modification

10.A.Grounds
§§ 153.702,153.703

[Petitioner/Respondent], the conservator [with/without] the exclusive right to designate the child[ren]’s primary residence, has been ordered to [mili­tary deployment/military mobilization/temporary military duty] that involves moving a substantial distance from [Petitioner’s/Respondent’s] residence so as to materially affect the conservator’s ability to exercise [Petitioner’s/Respondent’s] rights, duties, and periods of possession and access in relation to the child[ren].

10.B.Relief Requested

10.B.1.Temporary Modification—Agreement

Petitioner believes that the parties will enter into a written agreement containing provisions for temporary modification of the order providing for rights, duties, and periods of possession and access in relation to the child[ren].

10.B.2.Temporary Modification—Requested Relief

Petitioner requests that rights, duties, and periods of possession and access in relation to the child[ren] be temporarily modified to provide as fol­lows: [state temporary modification requested, including, if appropriate, requests for electronic communication and for possession by designated per­son during conservator’s military deployment, military mobilization, or tempo­rary military duty].

10.C.Best Interest of Child[ren]

The requested modification is in the best interest of the child[ren].

10.D.Modification of Support

10.D.1.Order Not Based on Agreement

The temporary orders requested modifying rights, duties, and periods of possession and access in relation to the child[ren] will result in a change of cir­cumstances sufficient to justify a temporary order modifying the child support obligation of [Petitioner/Respondent].

10.D.2.Agreement
§ 154.124

Petitioner believes that the parties will enter into a written agreement containing provisions for temporary modification of the order providing for support of the child[ren].

11.Expedited Hearing
§ 153.707

11.Request for Expedited Hearing

Petitioner requests that the Court grant an expedited hearing.

12.Request to Present Testimony by Electronic Means
§ 153.707(c)

12.Request to Present Testimony by Electronic Means

Petitioner requests that the Court, after reasonable advance notice and for good cause shown, allow Petitioner to present testimony and evidence by electronic means, including by teleconference or through the Internet.

13.Attorney’s Fees, Expenses, Costs, and Interest
§§ 106.001, 106.002

13.Request for Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Petitioner to secure the services of [name of attor­ney], a licensed attorney, to preserve and protect the child[ren]’s rights. [Include if applicable: If the parties are unable to reach an agreement on all issues,] Respondent 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 Respondent and be ordered paid directly to Petitioner’s attor­ney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.

14.Prayer

14.Prayer

•Required in All Petitions

Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition.

•Attorney’s Fees, Expenses, Costs, and Interest

Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.

•Required in All Petitions

Petitioner prays for general relief.

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