Form 50-1

This form is not intended for use in suits filed by governmental entities.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition to Terminate Parent-Child Relationship

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.Objection to Assignment of Case to Associate Judge
§ 201.005

2.Objection to Assignment of Case to Associate Judge

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

3.Petitioner
§ 102.003

3.Petitioner

3.A.Individual Petitioner[s]
§§ 102.003, 102.008(b)(3); TCPRC § 30.014

This suit is brought by [name], Petitioner [include if applicable: , and by [name], Petitioner].

[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.] [If applicable, repeat statements for second petitioner.]

This suit is filed before the birth of the child. A parent has executed a statement to confer standing pursuant to section 102.0035 of the Texas Family Code, and a copy of that statement is attached as Exhibit [exhibit number/
letter].

3.A.1.Not Related to Child[ren]

Petitioner[s] [is/are] not related to the child[ren] the subject of this suit.

3.A.2.Relationship to Child[ren]

Petitioner[s] [is/are] the [relationship] of the child[ren] the subject of this suit.

3.B.Agency Petitioner
§§ 102.003, 101.002

This suit is brought by [name of agency], an authorized agency, located at [address, city, state].

4.Jurisdiction
§§ 102.002, 102.008(b)(1), 155.001, 155.101

4.Jurisdiction

4.A.No Prior Proceedings

No court has continuing jurisdiction of this suit or of the child[ren] the subject of this suit.

4.B.Subsequent Action

This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of the child[ren] the subject of this suit as a result of prior proceed­ings.

4.C.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].

5.Interstate Placement Information
§ 162.002

•Required

5.Interstate Placement Information

A verified allegation or statement complying with section 162.002 of the Texas Family Code is attached to this petition as Exhibit [exhibit number/letter] and incorporated for all purposes.

6.Child[ren]

6.Child[ren]

6.A.Already Born
§ 102.008(b)(2)

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

Name:

Sex:

Birth date:

6.B.Not Yet Born

This petition is filed before the birth of the child who is due to be born on [date].

7.Person[s] Entitled to Citation
§ 102.009

7.Person[s] Entitled to Citation

7.A.Mother
§ 102.008(b)(4)

The mother of the child[ren] the subject of this suit is [name].

•Service
§ 102.009(a)(7)

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].

7.B.Presumed/Acknowledged Father
§ 102.008(b)(4)

The [presumed/acknowledged] father of the child[ren] the subject of this suit is [name].

•Service
§ 102.009(a)(7)

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].

7.C.Alleged Father
§ 102.008(b)(8)

7.C.1.No Presumed or Acknowledged Father

The child[ren] [has/have] no presumed or acknowledged father.

7.C.2.Service
§§ 102.009(a)(8), 161.002(b)

The man alleged to be the father is [name]. No service is necessary at this time.

7.D.Man (Other Than Alleged Father) Who Registered

[Name] has registered with the paternity registry under chapter 160 of the Texas Family Code. The address [name] provided the registry is [address, city, state].

•Service
§ 102.009(a)(9)

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].

7.E.Court-Ordered Relationships

7.E.1.None Existing

There are no court-ordered conservatorships, court-ordered guardian­ships, or other court-ordered relationships affecting the child[ren] the subject of this suit.

7.E.2.Court-Ordered Relationships
§ 102.008(b)(5)–(7)

Persons having a court-ordered relationship with the child[ren] the sub­ject of this suit are:

Name:

Relationship:

•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].

8.Property
§ 102.008(b)(9)

8.Property

8.A.No Property

No property of consequence is owned or possessed by the child[ren] the subject of this suit.

8.B.Property

The following property is owned or possessed by the child[ren] the sub­ject of this suit and is valued as stated: [describe and state value of property for each child].

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.Termination Sought

10.Termination Sought

10.A.Terminate Parent Respondent

Termination of the parent-child relationship between [name of parent respondent] and the child[ren] the subject of this suit is in the best interest of the child[ren], and such termination is requested.

10.A.1.Code § 161.001 Grounds

10.A.1.a.Current Acts
§ 161.001(b)(1)

As grounds for termination, Petitioner[s] allege[s] that [this parent has/before this case is heard this parent will have]—

10.A.1.b.Acts Occurring before Prior Order Denying Termination
§§ 161.001(b)(1), 161.004

As grounds for termination, Petitioner[s] allege[s] that a prior order denying termination of the parent-child relationship of this parent was ren­dered on [date of prior order] in [this Court/the [designation] Court of [county] County, Texas], that the circumstances of the child[ren], parent, sole managing conservator, possessory conservator, or other party affected by the prior order have materially and substantially changed since that date, and that, before that date, this parent had—

10.A.1.c.Grounds

(1)Left Child[ren] with Intent Not to Return

voluntarily left the child[ren] alone or in the possession of another not the par­ent and expressed an intent not to return;

(2)Left for 3 Months without Expressing Intent to Return

voluntarily left the child[ren] alone or in the possession of another not the par­ent without expressing an intent to return, without providing for the adequate support of the child[ren], and remained away for a period of at least three months;

(3)Left for 6 Months without Providing Support, etc.

voluntarily left the child[ren] alone or in the possession of another without pro­viding adequate support of the child[ren] and remained away for a period of at least six months;

(4)Placed or Allowed in Dangerous Conditions

knowingly placed or knowingly allowed the child[ren] to remain in conditions or surroundings that endanger the physical or emotional well-being of the child[ren];

(5)Conduct That Endangers Child[ren]

engaged in conduct or knowingly placed the child[ren] with persons who engaged in conduct that endangers the physical or emotional well-being of the child[ren];

(6)Failed to Support for 1 Year

failed to support the child[ren] in accordance with [his/her] ability during a period of one year ending within six months of the date of the filing of this petition;

(7)Abandoned Child[ren] without Identifying

abandoned the child[ren] without identifying the child[ren] or furnishing means of identification, and the child[ren]’s [identity/identities] cannot be ascertained by the exercise of reasonable diligence;

(8)Abandoned Mother during Pregnancy

voluntarily, and with knowledge of the pregnancy, abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;

(9)Refused to Submit to Court Order

contumaciously refused to submit to a reasonable and lawful order of a court under subchapter D, chapter 261, of the Texas Family Code;

(10)Cause of Absence from School

been the major cause of the failure of the child[ren] to be enrolled in school as required by the Texas Education Code;

(11)Cause of Absence from Home

been the major cause of the child[ren]’s absence from the home without the consent of the parents or guardian for a substantial length of time or without the intent to return;

(12)Executed Affidavit of Relinquishment

executed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided for by chapter 161 of the Texas Family Code (this affidavit of relinquishment is attached to this petition as Exhibit [exhibit number/
letter]);

(13)Injured Child—Penal Code Violation

been convicted or placed on community supervision (including deferred adju­dication community supervision) for being criminally responsible for the death or serious injury of a child under [section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code /[specify provision of law of another jurisdiction], which contains elements that are substantially similar to the elements of an offense under section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code];

(14)Injured Child—Title 3 Adjudication

been adjudicated under title 3 of the Texas Family Code for conduct that caused the death or serious injury of a child and that would constitute a viola­tion of section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code;

(15)Terminated with Regard to Another Child

had [his/her] parent-child relationship terminated with respect to another child based on a finding that [his/her] conduct was in violation of paragraph (D) or (E) of section 161.001(b)(1) of the Texas Family Code or substantially equiva­lent provisions of the law of another state;

(16)Used Drugs and Didn’t Complete Program

used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the child[ren] and failed to complete a court-ordered substance abuse treatment program;

(17)Used Drugs after Completing Program

used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health and safety of the child[ren] and, after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance;

(18)Knowingly Engaged in Criminal Conduct

knowingly engaged in criminal conduct that has resulted in [his/her] convic­tion of an offense and confinement or imprisonment and inability to care for the child[ren] for not less than two years from the date this petition is filed;

(19)Caused Child’s Addiction

been the cause of the child[ren]’s being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 161.001(a) of the Texas Family Code;

(20)Delivered to Emergency Care Provider without Expressing Intent to Return

voluntarily delivered the child[ren] to a designated emergency infant care pro­vider under section 262.302 of the Texas Family Code without expressing an intent to return for the child[ren];

(21)Been Convicted of Murder of Child[ren]’s Other Parent

been convicted of the murder of the other parent of the child[ren] under [[sec­tion 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(22)Been Convicted of Criminal Attempt to Murder Child[ren]’s Other Parent

been convicted of criminal attempt under [section 15.01 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal attempt under section 15.01 of the Texas Penal Code,] to commit the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a for­eign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(23)Been Convicted of Criminal Solicitation of Murder of Child[ren]’s Other Parent

been convicted of criminal solicitation under [section 15.03 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal solicitation under section 15.03 of the Texas Penal Code,] of the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a for­eign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(24)Been Convicted of Sexual Assault of Child[ren]’s Other Parent

been convicted of the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].

(25)Community Supervision for Sexual Assault of Child[ren]’s Other Parent

been placed on [community supervision/deferred adjudication community supervision/[specify other functionally equivalent form of community supervi­sion or probation]] for being criminally responsible for the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains ele­ments that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].

10.A.2.Abortion
§ 161.006

As grounds for termination, Petitioner[s] allege[s] that the child was born alive as the result of an abortion.

10.A.3.Pregnancy Resulting from Criminal Act
§ 161.007

10.A.3.a.Parents Were Not Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(a)

As grounds for termination, Petitioner[s] allege[s] that the parent was not married to or cohabiting with the other parent for the two years after the birth of the child, that the parent has engaged in conduct that constitutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of that conduct, the victim of the conduct became pregnant with the parent’s child.

10.A.3.b.Parents Were Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(b)

As grounds for termination, Petitioner[s] allege[s] that the parent was married to or cohabiting with the other parent for the two years after the birth of the child, that the parent has been convicted of an offense committed under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of the commission of the offense by the parent, the other parent became pregnant with the child.

10.B.Terminate Alleged Father

The parent-child relationship between the child[ren] the subject of this suit and the alleged father does not exist in law or in fact. If any parent-child relationship does exist, has ever existed, or could ever exist between the alleged father and the child[ren] the subject of this suit, which is not admitted but is denied, it is in the best interest of the child[ren] that the relationship be terminated, and such termination is requested.

10.B.1.Affidavit of Waiver of Interest
§ 161.106

The alleged father [has/will have] executed an irrevocable affidavit of waiver of interest containing a waiver of notice and service of citation as pro­vided for in section 161.106 of the Texas Family Code. The affidavit [is attached as Exhibit [exhibit number/letter]/will be filed with the Court].

10.B.2.Code § 161.001 Grounds

10.B.2.a.Current Acts
§ 161.001(b)(1)

As grounds, Petitioner[s] allege[s] that [the alleged father has/before this case is heard the alleged father will have]—

10.B.2.b.Acts Occurring before Prior Order Denying Termination
§§ 161.001(b)(1), 161.004

As grounds, Petitioner[s] further allege[s] that an order denying termina­tion of the parent-child relationship of the alleged father was rendered on [date of prior order] in [this Court/the [designation] Court of [county] County, Texas], that the circumstances of the child[ren], alleged father, sole managing conservator, possessory conservator, or other party affected by the prior order have materially and substantially changed since that date, and that, before that date, the alleged father had—

10.B.2.c.Grounds

(1)Left Child[ren] with Intent Not to Return

voluntarily left the child[ren] alone or in the possession of another not the par­ent and expressed an intent not to return;

(2)Left for 3 Months without Expressing Intent to Return

voluntarily left the child[ren] alone or in the possession of another not the par­ent without expressing an intent to return, without providing for the adequate support of the child[ren], and remained away for a period of at least three months;

(3)Left for 6 Months without Providing Support, etc.

voluntarily left the child[ren] alone or in the possession of another without pro­viding adequate support of the child[ren] and remained away for a period of at least six months;

(4)Placed or Allowed in Dangerous Conditions

knowingly placed or knowingly allowed the child[ren] to remain in conditions or surroundings that endanger the physical or emotional well-being of the child[ren];

(5)Conduct That Endangers Child[ren]

engaged in conduct or knowingly placed the child[ren] with persons who engaged in conduct that endangers the physical or emotional well-being of the child[ren];

(6)Failed to Support for 1 Year

failed to support the child[ren] in accordance with his ability during a period of one year ending within six months of the date of the filing of this petition;

(7)Abandoned Child[ren] without Identifying

abandoned the child[ren] without identifying the child[ren] or furnishing means of identification, and the child[ren]’s [identity/identities] cannot be ascertained by the exercise of reasonable diligence;

(8)Abandoned Mother during Pregnancy

voluntarily, and with knowledge of the pregnancy, abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;

(9)Refused to Submit to Court Order

contumaciously refused to submit to a reasonable and lawful order of a court under subchapter D, chapter 261, of the Texas Family Code;

(10)Cause of Absence from School

been the major cause of the failure of the child[ren] to be enrolled in school as required by the Texas Education Code;

(11)Cause of Absence from Home

been the major cause of the child[ren]’s absence from the home without the consent of the parents or guardian for a substantial length of time or without the intent to return;

(12)Executed Affidavit of Relinquishment

executed an affidavit of waiver of interest that constitutes an unrevoked or irre­vocable affidavit of relinquishment of parental rights as provided for by chap­ter 161 of the Texas Family Code (this affidavit of relinquishment is attached to this petition as Exhibit [exhibit number/letter]);

(13)Injured Child—Penal Code Violation

been convicted or placed on community supervision (including deferred adju­dication community supervision) for being criminally responsible for the death or serious injury of a child under [section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code/[specify provision of law of another jurisdiction], which contains elements that are substantially similar to the elements of an offense under section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code];

(14)Injured Child—Title 3 Adjudication

been adjudicated under title 3 of the Texas Family Code for conduct that caused the death or serious injury of a child and that would constitute a viola­tion of section [19.02/19.03/19.04/20A.02(a)(7)/20A.02(a)(8)/21.02/21.11/22.01/22.011/22.02/22.021/22.04/22.041/25.02/43.05/43.25/43.26] of the Texas Penal Code;

(15)Terminated with Regard to Another Child

had his parent-child relationship terminated with respect to another child based on a finding that his conduct was in violation of paragraph (D) or (E) of section 161.001(b)(1) of the Texas Family Code or substantially equivalent provisions of the law of another state;

(16)Used Drugs and Didn’t Complete Program

used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health or safety of the child[ren] and failed to complete a court-ordered substance abuse treatment program;

(17)Used Drugs after Completing Program

used a controlled substance (as defined by chapter 481 of the Texas Health and Safety Code) in a manner that endangered the health and safety of the child[ren] and, after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance;

(18)Knowingly Engaged in Criminal Conduct

knowingly engaged in criminal conduct that has resulted in his conviction of an offense and confinement or imprisonment and inability to care for the child[ren] for not less than two years from the date this petition is filed;

(19)Caused Child’s Addiction

been the cause of the child[ren]’s being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription, as defined by section 161.001(a) of the Texas Family Code;

(20)Delivered to Emergency Care Provider without Expressing Intent to Return

voluntarily delivered the child[ren] to a designated emergency infant care pro­vider under section 262.302 of the Texas Family Code without expressing an intent to return for the child[ren];

(21)Been Convicted of Murder of Child[ren]’s Other Parent

been convicted of the murder of the other parent of the child[ren] under [[sec­tion 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(22)Been Convicted of Criminal Attempt to Murder Child[ren]’s Other Parent

been convicted of criminal attempt under [section 15.01 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal attempt under section 15.01 of the Texas Penal Code,] to commit the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a for­eign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(23)Been Convicted of Criminal Solicitation of Murder of Child[ren]’s Other Parent

been convicted of criminal solicitation under [section 15.03 of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of the offense of criminal solicitation under section 15.03 of the Texas Penal Code,] of the offense of murder of the other parent of the child[ren] under [[section 19.02/section 19.03] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a for­eign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section 19.02 or section 19.03 of the Texas Penal Code].

(24)Been Convicted of Sexual Assault of Child[ren]’s Other Parent

been convicted of the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains elements that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].

(25)Community Supervision for Sexual Assault of Child[ren]’s Other Parent

been placed on [community supervision/deferred adjudication community supervision/[specify other functionally equivalent form of community supervi­sion or probation]] for being criminally responsible for the sexual assault of the other parent of the child[ren] under [[section 22.011/section 22.021] of the Texas Penal Code/[specify provision of law of another state, federal law, law of a foreign country, or Uniform Code of Military Justice], which contains ele­ments that are substantially similar to the elements of an offense under section [22.011/22.021] of the Texas Penal Code].

10.B.3.Abortion
§ 161.006

As grounds for termination, Petitioner[s] allege[s] that the child was born alive as the result of an abortion.

10.B.4.Failure to Respond
§ 161.002(b)(1)

Petitioner[s] request[s] that any parental rights of the alleged father in the child[ren] be terminated in accordance with section 161.002(b)(1) of the Texas Family Code if, after being served with citation in this suit, the alleged father does not respond by timely filing an admission of paternity or by filing a counterclaim for paternity to be adjudicated under chapter 160 of the Texas Family Code before the final hearing in this suit.

10.B.5.Pregnancy Resulting from Criminal Act
§ 161.007

10.B.5.a.Parents Were Not Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(a)

As grounds for termination, Petitioner[s] allege[s] that the alleged father was not married to or cohabiting with the other parent for the two years after the birth of the child, that the alleged father has engaged in conduct that consti­tutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of that conduct, the victim of the conduct became pregnant with the alleged father’s child.

10.B.5.b.Parents Were Married or Cohabiting for 2 Years after Child’s Birth
§ 161.007(b)

As grounds for termination, Petitioner[s] allege[s] that the alleged father was married to or cohabiting with the other parent for the two years after the birth of the child, that the alleged father has been convicted of an offense com­mitted under section [21.02/22.011/22.021/25.02] of the Texas Penal Code, and that, as a direct result of the commission of the offense by the alleged father, the other parent became pregnant with the child.

10.B.6.Failure to Register
§ 161.002(b)(2), (b)(3),
(c–1)

As grounds for termination, Petitioner[s] allege[s] that no man has regis­tered with the paternity registry under chapter 160 of the Texas Family Code. A certificate from the vital statistics unit reflecting that no man has registered the intent to claim paternity [is attached to this petition as Exhibit [exhibit num­ber/letter]/will be filed with the Court before the final hearing].

10.B.7.Service Attempts at Registry Address Unsuccessful
§ 161.002(b)(4)

[Name of alleged father] registered with the paternity registry under chapter 160 of the Texas Family Code. Petitioner[s] request[s] that any paren­tal rights of [name of alleged father] be terminated in accordance with section 161.002(b)(4) of the Texas Family Code if the attempt of Petitioner[s] to per­sonally serve citation at the address provided to the registry and at any other address for [name of alleged father] known to Petitioner[s] has been unsuccess­ful, despite the due diligence of Petitioner[s]. A certificate from the vital statis­tics unit reflecting the address information provided by [name of alleged father] to the registry [is attached to this petition as Exhibit [exhibit number/letter]/will be filed with the Court before the final hearing].

11.Optional Termination of Rights of Inheritance

11.Inheritance Rights

It is in the best interest of the child[ren] the subject of this suit that the Court terminate the right of the child[ren] to inherit from and through [name[s]], and termination of that right is requested.

12.Managing Conservator

12.Managing Conservator

Appointment of [name[s] and address[s] of person[s] named in affidavit of relinquishment or otherwise] as managing conservator[s] is in the best inter­est of the child[ren] the subject of this suit.

13.Amicus Attorney/Attorney[s] Ad Litem

13.[Amicus Attorney/Attorney[s] Ad Litem]

13.A.Child[ren]
§§ 107.001, 107.021

13.A.1.Appointment Requested

a.Amicus Attorney

Petitioner[s] request[s] the Court to appoint an amicus attorney to pro­vide legal services necessary to assist the Court in protecting the best interests of the child[ren].

b.Attorney Ad Litem

Petitioner[s] request[s] the Court to appoint an attorney ad litem to pro­vide legal services for the child[ren].

13.A.2.Waiver Requested

The interests of the child[ren] will be represented adequately by Peti­tioner[s], whose interests are not in conflict with the child[ren]’s interests.

13.B.Incapacitated Person
§ 107.010

Petitioner[s] request[s] the Court to appoint an attorney ad litem to rep­resent the interests of [name], who is an incapacitated person entitled to cita­tion.

13.C.Service by Publication
TRCP 244

One or more persons entitled to citation must be cited by publication, and Petitioner[s] request[s] the Court to appoint an attorney ad litem for any party so cited who may default or fail to appear.

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

14.Attorney’s Fees, Expenses, Costs, and Interest

It was necessary for Petitioner[s] to secure the services of [name of attor­ney], a licensed attorney, to preserve and protect the child[ren]’s rights. Respondent[s] [name[s] of respondent[s]] 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 Respondent[s] and be ordered paid directly to the undersigned attorney, who may enforce the judg­ment in the attorney’s own name. Petitioner[s] request[s] postjudgment interest as allowed by law.

15.Adoption or Custody Evaluation
§§ 107.153, 107.158–.160, 107.202

15.[Adoption/Custody] Evaluation

Petitioner[s] request[s] the Court to order that [an adoption/a custody] evaluation be performed as required by the Texas Family Code.

16.Medical History Report
§ 161.2021(a)

16.Medical History Report

Petitioner[s] request[s] the Court to order [the/each] parent of the child to provide information regarding the medical history of the parent and the par­ent’s ancestors.

17.Sealing of Records
§ 161.210

17.Sealing of Records

Petitioner[s] request[s] the Court to order the sealing of the file and the minutes of the Court.

18.Prayer

18.Prayer

•Required in All Petitions

Petitioner[s] pray[s] that citation and notice issue as required by law. Petitioner[s] pray[s] that the Court enter its order in accordance with the alle­gations of this petition.

•Optional

Petitioner[s] pray[s] for attorney’s fees, expenses, costs, and interest as requested above.

•Required

Petitioner[s] pray[s] for general relief.

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