Petitions in these child-related cases must use the required style and include specific information, supporting documents, and confidentiality rules; the Title IV-D agency gets some filing exemptions.
Sec. 102.008. CONTENTS OF PETITION. (a) The petition and all other documents in a proceeding filed under this title, except a suit for adoption of an adult, shall be entitled "In the interest of __________, a child." In a suit in which adoption of a child is requested, the style shall be "In the interest of a child." (b) The petition must include: (1) a statement that: (A) the court in which the petition is filed has continuing, exclusive jurisdiction or that no court has continuing jurisdiction of the suit; or (B) in a suit in which adoption of a child is requested, the court in which the petition is filed has jurisdiction of the suit under Section 103.001(b); (2) the name and date of birth of the child, except that if adoption of a child is requested, the name of the child may be omitted; (3) the full name of the petitioner and the petitioner's relationship to the child or the fact that no relationship exists; (4) the names of the parents, except in a suit in which adoption is requested; (5) the name of the managing conservator, if any, or the child's custodian, if any, appointed by order of a court of another state or country; (6) the names of the guardians of the person and estate of the child, if any; (7) the names of possessory conservators or other persons, if any, having possession of or access to the child under an order of the court; (8) the name of an alleged father of the child or a statement that the identity of the father of the child is unknown; (9) a full description and statement of value of all property owned or possessed by the child; (10) a statement describing what action the court is requested to take concerning the child and the statutory grounds on which the request is made; (11) a statement as to whether, in regard to a party to the suit or a child of a party to the suit: (A) there is in effect: (i) a protective order under Title 4; (ii) a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure; or (iii) an order for emergency protection under Article 17.292, Code of Criminal Procedure; or (B) an application for an order described by Paragraph (A) is pending; and (12) any other information required by this title. (c) The petitioner shall attach a copy of each order described by Subsection (b)(11)(A) in which a party to the suit or a child of a party to the suit was the applicant or victim of the conduct alleged in the application or order and the other party was the respondent or defendant of an action regarding the conduct alleged in the application or order without regard to the date of the order. If a copy of the order is not available at the time of filing, the petition must state that a copy of the order will be filed with the court before any hearing. (c-1) The petitioner shall additionally submit to the court a certified copy of the child's birth certificate if available to the petitioner. If a certified copy of the child's birth certificate is not available to the petitioner, the court at any time during the pendency of the suit may request another party to whom a certified copy of the child's birth certificate is available to submit a copy to the court. A certified copy of the child's birth certificate submitted under this subsection must be submitted for filing under seal and filed separately from any other document. If a certified copy of the child's birth certificate is not available to any party or if the copy does not name both of the child's parents, the court may request from any party at any time during the pendency of the suit alternative proof of the identity of the child's parents. The court shall seal or otherwise keep confidential any certificate or other proof submitted under this subsection, as applicable. (d) Notwithstanding any other provision of this section, if the Title IV-D agency files a petition in a suit affecting the parent-child relationship, the agency is not required to: (1) include in the petition the statement described by Subsection (b)(11); (2) attach copies of the documentation described by Subsection (c); or (3) submit to the court a copy of a child's birth certificate or other proof of the identity of the child's parents as described by Subsection (c-1). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 296, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 6, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.36, eff. January 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 722 (H.B. 369), Sec. 1, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 1076 (H.B. 1973), Sec. 1, eff. September 1, 2025.