Custody case procedure

Tex. R. App. P. 26.3 — 3. Filing a motion for new trial, any

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length limitations in Rule 9.4(i)(2)(E) and (A) a “parental termination case” means (H). a suit in which termination of the parent-child relationship is at issue. (h) Service. A petition, cross-petition, response, and reply must be served on all parties to the (B) a “child protection case” means a trial court proceeding. suit affecting the parent-child relationship filed by a governmental (i) Docketing Statement. Upon filing the entity for managing petition, the petitioner must file the docketing conservatorship. statement required by Rule 32.1. (C) an “order certifying a child to stand (j) Time for Determination. Unless the court of trial as an adult” is an order under appeals orders otherwise, a petition, and any Family Code section 54.02 waiving cross-petition, response, and reply, will be juvenile court jurisdiction and transferring a child for prosecution Leg., R.S., Ch. 1389 [HB978], § 1.2001 Tex. Gen. in a district or criminal district court. Laws 3575. The amendments necessitated the addition of Rule 28.3 and the adoption of Ru…

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Tex. R. Civ. P. 277 — Submission To The Jury

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In all jury cases the court shall, whenever feasible, submit the cause upon broad-form questions. The court shall submit such instructions and definitions as shall be proper to enable the jury to render a verdict. Inferential rebuttal questions shall not be submitted in the charge. The placing of the burden of proof may be accomplished by instructions rather than by inclusion in the question. In any cause in which the jury is required to apportion the loss among the parties the court shall submit a question or questions inquiring what percentage, if any, of the negligence or causation, as the case may be, that caused the occurrence or injury in question is attributable to each of the persons found to have been culpable. The court shall also instruct the jury to answer the damage question or questions without any reduction because of the percentage of negligence or causation, if any, of the person injured. The court may predicate the damage question or questions upon affirmative findings of liability. In a suit in which termination of the parent-child relationship is requested, the court shall submit separate questions for each parent and each child on (1) each individual statutory ground for termination of the parent-child relationship and (2) whether termination of the parent-child relationship is in the best interest of the child. The court shall predicate the best-interest q…

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25 U.S.C. § 1903 — Definitions

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§ 1903. Definitions For the purposes of this chapter, except as may be specifically provided otherwise, the term— (1) “child custody proceeding” shall mean and include— (i) “foster care placement” which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (ii) “termination of parental rights” which shall mean any action resulting in the termination of the parent-child relationship; (iii) “preadoptive placement” which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and (iv) “adoptive placement” which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents. (2) “extended family member” shall be as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached the…

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Tex. R. Civ. P. 306 — Recitation Of Judgment

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The entry of the judgment shall contain the full names of the parties, as stated in the pleadings, for and against whom the judgment is rendered. In a suit for termination of the parent-child relationship or a suit affecting the parent-child relationship filed by a governmental entity for managing conservatorship, the judgment must state the specific grounds for termination or for appointment of the managing conservator.

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