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
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[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.]
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.]
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Include the following if applicable. |
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].]
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Repeat for each additional party. |
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Include the following if any party resides outside Texas. |
Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].
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Include appropriate long-arm jurisdiction facts if applicable. |
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.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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An unsworn declaration may be used in place of a written sworn declaration. See form 8-27. |
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
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Repeat for other petitioner if applicable. |
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Attach copy of conservatorship or guardianship order as exhibit if applicable. |