Here is an example of a Suit Affecting Parent Child Relationship that Divorce Lawyers has filed in the past:
There has been no change of consequence in the status of the child’s property since the prior order was rendered.
Modification of Conservatorship, Possession and Access
The order to be modified is not based on a mediated or collaborative law settlement agreement. The circumstances of the child, a conservator, or other party affected by the order to be modified have materially and substantially changed since the date of rendition of the order to be modified.
Counterpetitioner requests that she be appointed as the person who has the right to designate the primary residency of the child.
Counterrespondent has a history or pattern of committing family violence during the two-year period preceding the date of filing of this suit. Counterpetitioner requests the Court to deny Counterrespondent access to the child. Alternatively, if the Court finds that awarding Counterrespondent access to the child would not endanger the child’s physical health or emotional welfare and would be in the best interest of the child, Counterpetitioner requests that the Court render a possession order that is designed to protect the well-being of the child and any other person who has been a victim of family violence committed by Counterrespondent, including but not limited to ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of the child occur in a protective setting, ordering Counterrespondent to refrain from the consumption of alcohol or a controlled substance within the twenty-four hours before or during the period of access to the child, and ordering Counterrespondent to attend and complete a battering intervention and prevention program or, if such a program is not available, to complete a course of treatment with a mental health professional in accordance with section 153.010 of the Texas Family Code.
The requested modification is in the best interest of the child.
The order to be modified is not based on a mediated or collaborative law settlement agreement. The circumstances of the children or a person affected by the orders have materially and substantially changed since the date of the rendition of the orders to be modified, and the support payments previously ordered should be changed to order Counterrespondent to pay child support, and health insurance premiums for coverage. The support payments previously ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family Code, and the requested change would be in the best interest of the child. Counterpetitioner requests that any change be made retroactive to the earlier of the time of service of citation on Counterrespondent or the appearance of Counterrespondent in this modification action.
In the alternative, the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the rendition of the order to be modified, and the support payments previously ordered should be decreased. The support payments previously ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family Code, and the requested decrease would be in the best interest of the child. Counterpetitioner requests that any decrease be made retroactive to the earlier of the time of service of citation on Counterrespondent or the appearance of Counterrespondent in this modification action.
The requested modification is in the best interest of the child.
Request for Temporary Orders
Counterpetitioner requests the Court, after notice and hearing, to make temporary orders for the safety and welfare of the child, including but not limited to the following:
Appointing Counterpetitioner and Counterrespondent temporary joint managing conservators and designating Counterpetitioner as the conservator who has the exclusive right to designate the primary residence of the child.
Ordering Counterrespondent to pay child support while this case is pending.
Ordering the preparation of a social study into the circumstances and condition of the child who is the subject of the suit or a party to the suit and the home of any person requesting conservatorship of, possession of, or access to the child.
Ordering the psychological evaluation of the child.
With regard to the requested temporary order for managing conservatorship, Counterpetitioner would show the Court the following:
These temporary orders are necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development.
Request for Temporary Orders and Injunction
Counterpetitioner requests the Court to dispense with the necessity of a bond, and Counterpetitioner requests that, after notice and hearing, Counterrespondent be further restrained and enjoined, pending the further order of the Court, from:
Disturbing the child or Counterpetitioner or interfering in any way with Counterpetitioner’s possession of the child by taking or attempting to take possession of the child, directly or through any other person, from the residence, school, or any other place.
Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled.
Hiding or secreting the child from Counterpetitioner.
Making disparaging remarks regarding Counterpetitioner or Counterpetitioner’s family in the presence or within the hearing of the child.
Consuming alcohol within the 24 hours before or during the period of possession of or access to the child.
alteringto pay premiums, or in any manner affecting the present level of coverage of any health insurance policy insuring the child.
Counterpetition for Enforcement of Property Division
Property to Wife – . . . IT IS ORDERED AND DECREED that the wife is awarded the following as her sole and separate property:
W-1 All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.
W-4 The Chrysler Town & Country motor vehicle, together with all prepaid insurance, keys, and title documents.
IT IS FURTHERED ORDERED AND DECREED that the property and all improvements located thereon at LOT IN THE CITY OF SAN ANTONIO, BEXAR COUNTY, TEXAS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME PAGE(S), DEED AND PLAT RECORDS OF BEXAR COUNTY TEXAS, more commonly known as the house, shall be sold under the following terms and conditions:
The parties shall list the property with a duly licensed real estate broker having sales experience in the area where the property is located, provided further that the real estate broker shall be an active member in the Multiple Listing Service with the San Antonio Board of Realtors.
The Property shall be sold for a price that is mutually agreeable to Petitioner and Respondent. If Petitioner and Respondent are unable on a sales price, on the application of either party, the property shall be sold under the terms and conditions determined by a court-appointed receiver.
Petitioner shall continue to make all payments of principal, interest, taxes, and insurance on the property during the pendency of the sale and Petitioner shall have the exclusive right to enjoy the use and possession of the premises until closing. All maintenance and repairs necessary to keep the property in its present condition shall be paid by Petitioner.
Counterpetitioner was the Respondent and Counterrespondent was the Petitioner in the prior proceedings.
Counterrespondent has failed to comply with the decree described above as follows:
Violation 1. Counterrespondent prevented Counterpetitioner from taking her clothing, jewelry, and other personal effects from the marital residence, and then Counterrespondent disposed of the personal property granted to Counterpetitioner in the Final Decree of Divorce.
Violation 2. Counterrespondent failed to deliver to Counterpetitioner the Chrysler Town & Country motor vehicle, together with all prepaid insurance, keys, and title documents and the documents necessary for Counterpetitioner to pay the car insurance and balance due on the promissory note.
Violation 3. Beginning on or about August 1, 2007, and continuing for each month thereafter, Counterrespondent has failed to make all payments of principal, interest, taxes, and insurance on the property (hereinafter “Property”), thus causing the lender to initiate foreclosure proceedings and requiring Counterpetitioner to hire an attorney and make mortgage payments in order to avoid foreclosure.
Violation 4. Beginning on or about October and throughout the month of July, Counterrespondent refused to agree on a price or to execute documents necessary to close the sale of the Property after Counterpetitioner procured two (2) separate buyers that were ready, willing, and
Delivery of Counterpetitioner’s clothing, jewelry, and other personal effects , which was awarded in the Final Decree of Divorce previously entered by the Court, is no longer an adequate remedy because Counterrespondent disposed of the personal property granted to Counterpetitioner. Counterrespondent’s failure to deliver the property has caused damage to Counterpetitioner in the amount of $10,000.00. Counterpetitioner prays that the Court award Counterpetitioner a money judgment, including prejudgment and postjudgment interest, against Counterrespondent for those damages caused by Counterrespondent’s failure to deliver the property.
Counterpetitioner prays that the Court order Counterrespondent to deliver the Chrysler Town & Country motor vehicle or an equivalent sum of money to Counterpetitioner at a date and place certain.
Counterrespondent’s complete failure to make all payments of principal, interest, taxes, and insurance on the Property, beginning on or about August 1, has cost Counterpetitioner money in order to hire an attorney and make payments to the mortgagee in order to avoid foreclosure of the Property. Counterpetitioner prays that the Court award Counterpetitioner a money judgment, including prejudgment and postjudgment interest, against Counterrespondent for that amount, to which Counterpetitioner is now entitled.
Counterpetitioner seeks an order directing Counterrespondent to complete the sale of the house.
Counterpetitioner requests that Counterrespondent be held in contempt, jailed, and fined for each violation alleged above.
Counterpetitioner believes, based on the conduct of Counterrespondent, that Counterrespondent will continue to fail to comply with the order. Counterpetitioner requests that Counterrespondent be held in contempt, jailed, and fined for each failure to comply with the order of the Court from the date of this filing to the date of the hearing on this Counterpetition.
Counterpetitioner requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order restating the terms of the order, decree, or judgment in a manner specific enough to allow enforcement by contempt and specifying a reasonable time within which compliance will be required.
Request for Attorney’s Fees, Expenses, Costs, and Interest
It was necessary for Counterpetitioner to secure the services of Cheap Texas Divorce, a licensed attorney, to preserve and protect the child’s rights. Counterrespondent 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 Counterrespondent and be ordered paid directly to Counterpetitioner’s attorney, who may enforce the judgment in the attorney’s own name. Counterpetitioner requests postjudgment interest as allowed by law.