Form 46-11

The petition must be filed in the district court in the county in which the petitioner resides. Tex. Fam. Code § 35.002. The petition must be styled “ex parte,” be in the name of the child, and be verified by the petitioner. Tex. Fam. Code § 35.003(a)(1), (2).

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. The suit must be styled “ex parte” and be in the name of the child.]

Petition for Temporary Authorization for Care of Child

[Name[s] of petitioner[s]], Petitioner[s], request[s] the Court to issue an order granting Petitioner[s] temporary authorization for care of the child, [name of child]. In support, Peti­tioner[s] show[s]:

1.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.Petitioner[s] object[s] to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.This Petition for Temporary Authorization for Care of Child is brought by [name[s]], Petitioner[s]. [The last three numbers of [Petitioner/[name]]’s driver’s license num­ber are [numbers]./[Petitioner/[name]] has not been issued a driver’s license.] [The last three numbers of [Petitioner/[name]]’s Social Security number are [numbers]./[Petitioner/[name]] has not been issued a Social Security number.] [Petitioner/[name]]’s date of birth is [date of birth]. [Petitioner/[name]]’s current physical address is [address]. [If applicable, repeat state­ments for other petitioner.]

Respondent is [name of respondent]. [Respondent should be served with process [include if applicable: at [address, city, state, zip code]]/No service on Respondent is neces­sary at this time].

4.[No court has continuing jurisdiction of this suit or of the child the subject of this suit./A court order designating [conservatorship/guardianship] over the child the subject of this suit was entered on [date] in the [designation of court] Court of [county], [state], and a copy is attached as Exhibit [exhibit number/letter].]

5.The following child is the subject of this suit:

Name:

Sex:

Birth date:

Current physical address:

6.The following parties may be affected by this suit:

Name:

Current physical address:

Current mailing address:

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

[Process should be served [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time./Citation by publication or other substituted service is neces­sary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].]

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

7.[Petitioner[s] [is/are] [describe relationship to child].

8.[There are no court proceedings with respect to the child in Texas or another state known to Petitioner[s]./There is a [criminal/civil] court proceeding with respect to the child pending in the [designation] Court of [county], [state].] [Describe status as applicable. If there is a proceeding with any order that designates conservatorship or guardian of the child, attach the order as an exhibit.]

9.The child the subject of this suit has resided with Petitioner[s] for at least the pre­ceding thirty days. During the preceding twelve-month period, the child the subject of this suit has resided with Petitioner[s] on the following dates: [dates].

10.Petitioner[s] [does/do] not have an authorization agreement under chapter 34 of the Texas Family Code or other signed, written documentation from a parent, conservator, or guardian of the child the subject of this suit that enables Petitioner[s] to provide necessary care for the child the subject of this suit.

11.Granting Petitioner[s] temporary authorization to care for the child the subject of this suit is in the best interest of the child because [specify as applicable: Petitioner[s] [is/are] unable to [obtain the following services/[and]/undertake the following actions] on behalf of the child without authorization from the Court: [specify services and/or actions]/Petitioner[s] [is/are] unable to obtain signed, written documentation from a parent, conservator, or guardian of the child because [state reasons]/[State any other reason supporting request for temporary authorization]].

12. Petitioner[s] request the Court to grant temporary authorization to care for the child the subject of this suit for a period of [specify].

13.Petitioner[s] pray[s] that the Court grant this Petition for Temporary Authorization for Care of Child as requested above. [Include if applicable: Petitioner[s] pray[s] that citation and notice issue as required by law.] Petitioner[s] pray[s] for general relief.

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

Verification

The undersigned states under oath: “I am Petitioner in the foregoing Petition for Tem­porary Authorization for Care of Child. I have personal knowledge of the allegations and facts stated herein, and they are true and correct.”

   
[Name of petitioner]

Signed under oath before me on________________________.

   
Notary Public, State of Texas