These forms are not a substitute for legal advice
Description
***These forms are not a substitute for legal advice.*** ***These forms are not a substitute for legal advice.*** $4.00 By law, no member of the Law Library staff may give any patron legal advice. Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law might apply to their particular situation, or assist them in preparing and filling out legal forms of any kind. Staff can provide patrons legal assistance by directing them to topical print materials, sections, and subject headings that might be helpful in answering a particular question. SAPCR – JOINT CUSTODY ***Do Not File This Entire Packet*** ***Follow All Instructions In Order*** Steps to Follow: 1. Prepare the Original Petition in Suit Affecting the Parent-Child Relationship (p. 4-7). • If the form provided fits your circumstances you may use it as a “fill in the blank.” It is perfectly all right to hand-write the forms. • If these forms do not fit your circumstances, you may re-type or re-write the forms, changing them to fit your circumstances, using the forms as a format to follow. Mark through what does not apply to your circumstances. • When preparing these forms, YOU are the “Petitioner” and the other party is the “Respondent.” • You will be assigned a case number and judicial district when you file the Petition. 2. Sign the Affidavit for UCCJEA Information (p. 8-9) in front of a Notary Public. DO NOT sign the Affidavit UNTIL ...
Informations
| Publié par | Curah |
| Nombre de lectures | 48 |
| Langue | English |
Extrait
***These forms are not a substitute for legal advice.***
***These forms are not a substitute for legal advice.*** $4.00 By law, no member of the Law Library staff may give any patron legal advice. Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law might apply to their particular situation, or assist them in preparing and filling out legal forms of any kind. Staff can provide patrons legal assistance by directing them to topical print materials, sections, and subject headings that might be helpful in answering a particular question. SAPCR JOINT CUSTODY ***Do Not File This Entire Packet*** ***Follow All Instructions In Order*** Steps to Follow: 1. Prepare theOriginal Petition in Suit Affecting the Parent-Child Relationship(p. 4-7). • If the form provided fits your circumstances you may use it as a “fill in the blank.It is perfectly all right to hand-write the forms. • If these forms do not fit your circumstances, you may re-type or re-write the forms, changing them to fit your circumstances, using the forms as a format to follow. Mark through what does not apply to your circumstances. • When preparing these forms, YOU are the “Petitioner and the other party is the “Respondent. be assigned a case number and judicial district when you file the Petition.You will • 2. Sign theAffidavit for UCCJEA Information(p. 8-9) DO NOTin front of a Notary Public. sign the Affidavit UNTIL you are in front of the notary. 3. ***Be sure to attach a copy of theCollin County Standing Order Regarding Children, Property and Conduct of the Parties the Original Petition.*** to(p. 10-13) 4. Make two additional copiesof the Original Petition, Affidavit, AND the Collin County Standing Orders (p. 4-13). 5. File all three copies of the Original Petition and Affidavitin the District Clerk’s office of the county in which the child lives. • If the child lives in Collin County, file it with the District Clerk’s office on the first floor of the courthouse located at 2100 Bloomdale Drive in McKinney. • expected to pay a filing fee to the Clerk at this time.You will be • The Clerk will stamp a copy of the Petition “filed and give it back to you. 6. Give theWaiver of Citation(p.15-16) to the other partyalong with a copy of the Petition that has been stamped “filedby the District Clerk. • The other party should sign the Waiver of Citation in front of a Notary Public. If the other party will not sign the Waiver, go to step 9. •
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***These forms are not a substitute for legal advice.***
7. Filethe signed and notarized Waiver of Citation with the District Clerk. 8. Call the clerk of the courtwhich you have been assigned to and request a hearing date to finalize the SAPCR. Go to step 11 for instructions on finalizing. 9. If the other party will not sign the Waiver,then you must have him/her served by a Constable; if the other party lives in Collin County the District Clerk’s office can arrange this for you. • other party has been served, they have until 10:00am on the Monday followingOnce the the expiration of twenty days to file a written answer with the clerk • After this time period has passed, you may present the Clerk with theOrder Setting Hearing Date Clerk will arrange to get a hearing date set for you.form (p.18). The 10. Send a file-marked copystamped by the Clerk) of the completed Order Setting(a copy Hearing Date to the other party via certified mail, return receipt requested. Complete the Certificate of Serviceform (bottom section of p.18) and attach the completed return receipt to it. File this with the District Clerk. 11. Prepare theOrder in Suit Affecting the Parent-Child Relationship (p. 20-44),changing it to fit your set of circumstances. • The SAPCR Decree is a legally binding document which states who has what rights regarding children, including where those children live and who pays for their support. Decrees are court orders; once they are signed by a judge, they require a hearing to be changed. • You can find child support guidelines at the Texas Attorney General’s website: https://www.oag.state.tx.us/ • When preparing the child support portion (p.36-40), the personpayingthe child support is the “Obligor and the personreceivingthe child support is the “Obligee. • The section on Possession and Access to Children (p.26-34) contains a “standard possession order. You may change this to fti your circumstances. You may add pages if needed, but you will need to label the additional pages and note the addition (for example: “see Exhibit A). • If a section does not apply to you, cross it out. • Take this document with you to court on your hearing date. 12. Make two additional copies of the prepared Order to take with you to the hearing. 13. On your hearing date,bring all three copies of your prepared Order with you to court. Also bring a copy of the filed Original Petition. • Give the three copies of your prepared Order to the District Clerk; • Oncethe Clerk will arrange to take your file up to the courtroom. you have given your papers to the Clerk, go to the courtroom to which you have been assigned and wait for the Bailiff to open the room. Check in with the Bailiff to let him/her know that you are there to present your Suit Affecting the Parent-Child Relationship.
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14. At the hearing,the following is recommended to properly address the Court: “Good morning/afternoon, Your Honor. I am here to present my Petition in Suit Affecting Parent-Child Relationship. Summarize each paragraph of the Original Petition and present the prepared Order to the judge to be signed.
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____________________ Case No. In the Interest of | In the District Court | ____________________________ And | Collin County, Texas ____________________________ | Minor Child(ren) | _______ Judicial District ORIGINAL PETITION IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP I. Discovery Discovery in this case is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. II. Petitioner This suit is brought by ______________________________ [petitioner’s name], Petitioner, who is ______ [age] years of age and resides at: ______________________________________________________________________________ [address]. Petitioner is the ___________________ [motherORfather] of the child(ren) the subject of this suit. Petitioner has standing to bring this suit in that ________ [he/she] is the ___________________ [motherORfather] of the child(ren). III. Jurisdiction No court has continuing jurisdiction of this suit or of the child(ren) the subject of this suit. IV. Children The following child(ren) _______ [is/are] the subject of this suit: Name of Child One: ____________________________________________________________ Sex: ________________________________________________________________________ hp ce: __________________________________________________________________ Birt la __________________________________________________________________ Birth Date: ____________________________________________________________ Present Residence: Name of Child Two: ____________________________________________________________ ________________________________________________________________________ Sex: Birthplace: _______ ___________________________________________ ________________ __________________________________________________________________ Birth Date: Present Residence: ____________________________________________________________
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V. Person(s) Entitled to Citation _______________ [motherORfather] of the child(ren) the subject of this suit is The _ [mother or father’s name], who is ______ [age] years ________________________________ of age and resides at: ______________________________________________________________________________ [address]. [Select one of the following by placing a check mark.] _____ Process should be served at that address. _____ No service is necessary at this time; waiver of citation will be signed and filed. _____ Citation by publication or other substituted service is necessary for the reasons stated in the attached affidavit. VI. Court-Ordered Relationships [the following by placing a check mark.Select one of ] _____ torships, court-ordered guardianship , 1. There are no court-ordered conserva s or other court-ordered relationships affecting the child(ren) the subject of this suit. _____ 2. Person(s) having a court-ordered relationship with the child(ren) the subject of this suit are: ____________________________________________________________ Name: Present Residence: ________________________________________________ Relationship: ______________________________________________________ [Select one of the following by placing a check mark.] _____ Process should be served at that address. _____ No service is necessary at this time; waiver of citation will be signed and filed. _____ Citation by publication or other substituted service is necessary for the reasons stated in the attached affidavit. VII. UCCJEA Information Information required by section 152.209 of the Texas Family Code is provided in the attached affidavit. VIII. Health Insurance Information The following information is provided in accordance with § 154.181 of the Texas Family Code.
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[Select one of the following by placing a check mark. Mark through that which does not apply.] _____the child(re ). 1. n Private health insurance is in effect for Name of insurance company: ________________ __ ______________________________ Policy number: ______________________________________________________ arty ponsible for pre __________________________________________ P res mium: Monthly cost of premium: __________________________________________ The insurance coverage __________ [is/is not] provided through a parent’s employment. 2.insurance is not in effect for the child(ren). Private health _____ The child(ren) __ [are/are not] receiving Medicaid benefits under chapter 32, _______ Human Resources Code. The child(ren) _______ [are/are not] receiving health benefits coverage under the Children’s Health Insurance Program under chapter 62 of the Texas Health and Safety Code. [the following, if applicable by placing a check mark.Select ] _____ The cost of the premium is $____________ [amount].
The mother of the children, __________________________________ [mother’s name], ________________ [has/does not have] access to private health insurance at reasonable cost to her. The father of the children, __________________________________ [father’s name], ________________ [has/does not have] access to private health insurance at reasonable cost to him. IX. Child(ren)’s Property No property of consequence is owned or possessed by the child(ren) the subject of this suit. X. Conservatorship [the following by placing a check mark.Select one of ] _____ 1. The parents of the child(ren) are or will be separated. Petitioner believes that the parties will enter into a written agreement containing provisions for conservatorship of the child(ren). If such an agreement is not made, Petitioner requests the Court to make orders for conservatorship of the child(ren). 2. The parents of the child(ren) are or will be separated. It is in the best interest of _____ the child(ren) that Petitioner, __________________________________ [petitioner’s
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] __________________________________ [respondent’s name] be appointed name and joint managing conservators of the child(ren). Petitioner should be designated as the conservator who has the exclusive right to determine the primary residence of the child(ren). Alternatively, the residence of the child(ren) should be restricted to ___________________ [name of county] County, Texas, and any county contiguous to it. XI. Support ___________________________________ [respondent’s name], Respondent, is obligated to support the child(ren) and should be ordered by the Court to make payments for the support of the child(ren) in the manner specified by the Court. XII. Prayer 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. Petitioner prays for general relief. Respectfully submitted, __________________________________ [Petitioner’s signature] __________________________________ [Typed or printed name] __________________________________ __________________________________ __________________________________ [Address & telephone no.]
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____________________ Case No. In the Interest of | In the District Court __________________ __ | ________ And | Collin County, Texas ____________________________ | Minor Child(ren) | _______ Judicial District AFFIDAVIT FOR UCCJEA INFORMATION THE STATE OF TEXAS _____________ COUNTY OF BEFORE ME, the undersigned authority, personally appeared __________________________________ [petitioner’s name], who, by me duly sworn, deposed as follows: “My name is __________________________________ [petitioner’s name]. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. “I am the Petitioner in this case. “The child(ren)’s present address is: ________________________________________________________________________ [address]. “For the past five years immediately preceding the date of this affidavit, the child(ren) __ [has/have] lived at the following address(es) with the following person(s): _____ ______________________________________________________ Address: Person Lived With: ________________________________________________ _______________________ ___________________________ Dates: From until Address: ______________________________________________________ ________________________________________________ Person Lived With: _______________________ ___________________________ Dates: From until “I have not participated, as a party or as a witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child(ren) in Texas or any other state.
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“I do not know of any proceeding that could affect this proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination or parental rights, and adoptions. “I do not know of any person not a party to this proceeding who has physical custody of the child(ren) or claims rights of legal custody or physical custody of, or visitation with, the child(ren).
________________________________ [Petitioner’s signature] ________________________________ [Typed or printed name] SIGNED under oath before me on ______________________ [date].
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________________________________ [Signature of Notary Public] ________________________________ [Typed or printed name] Notary Public in and for the State of Texas My commission xp ______________ e ires:
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***These forms are not a substitute for legal advice.***
COLLIN COUNTY DISTRICT COURTS GENERAL ORDERS
COLLIN COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF THE PARTIES
No party to this lawsuit has requested this order. Rather, this order is a standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in Collin County. The District Courts of Collin County have adopted this order because the parties and their children should be protected and their property preserved while the lawsuit is pending before the court. Therefore it is ORDERED: 1. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this case: 1.1 Removing the children from the State of Texas, acting directly or in concert with others, without the written agreement of both parties or an order of this Court. 1.2 Disrupting or withdrawing the children from the school or day-care facility where the children are presently enrolled, without the written agreement of both parents or an order of this Court. 1.3 Hiding or secreting the children from the other parent or changing the children’s current place of abode, without the written agreement of both parents or an order of this Court. 1.4 Disturbing the peace of the children. 1.5 Making disparaging remarks about each other or the other person’s family members, to include but not be limited to the child’s grandparents, aunts, uncles, or stepparents. 1.6 Discussing with the children, or with any other person in the presence of the children, any litigation related to the children or the other party. 1.7 If this is an original divorce action, allowing anyone with whom the party is romantically involved, to remain over night in the home while in possession of the child. Overnight is defined from 10:00 p.m. until 7:00 a.m. 2. CONDUCT OF THE PARTIES DURING THE CASE. Both parties are ORDERED to refrain from doing the following acts: 2.1 Using vulgar, profane, obscene, or indecent language, or a coarse or offensive manner to communicate with the other party, whether in person, by telephone, or in writing. 2.2 Threatening the other party in person, by telephone, or in writing to take unlawful action against any person.
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2.3 Placing one or more telephone calls, at an unreasonable hour, in an offensive or repetitious manner, without a legitimate purpose of communication, or anonymously. 2.4 Opening or diverting mail addressed to the other party. 3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 3.2 Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. 3.3 Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. 3.4 Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party. 3.5 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real estate property, and whether separate or community, except as specifically authorized by this order. 3.6 Incurring any indebtedness, other than legal expense in connection with this suit, except as specifically authorized by this order. 3.7 Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order. 3.8 Spending any sum of cash in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by this order. 3.9 Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order. 3.10 Signing or endorsing the other party’s name or any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party. 3.11 Taking any action to terminate or limit credit or charge cards in the name of the other party. 3.12 Entering, operating, or exercising control over the motor vehicle in the possession of the other party. 3.13 Discontinuing or altering the withholding for federal income taxes on wages or salary while this suit is pending. 3.14 Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance at the other party’s residence or in any manner attempting to withdraw any deposits for service in connection with such
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