Declaración sobre Incapacidad de Pagar las Costas del Tribunal

This kit is intended for use ONLY in an emergency child custody case when a child is in danger. It is NOT intended for use in cases that only involve basic (non-emergency) child custody or child support issues.
Although this kit is included under the “CPS” section of TexasLawHelp, it is not necessary for CPS to be involved before you can use this kit. In some situations, CPS may be investigating your case, or CPS may have told you to seek a temporary restraining prder (TRO) to avoid having the children legally removed. In other situations, there may be no CPS involvement and you may want to request a TRO to avoid any CPS involvement.
Use these instructions and forms ONLY if:
Note: If you are a nonparent, make sure you have standing to file the Original SAPCR or Modification.
Texas Family Code 102.004(a)(1) lets a relative related within three degrees of consanguinity file an Original SAPCR or Modification if there is proof that the child’s present circumstances would significantly impair the child’s physical health or emotional development.
A relative within three degrees of consanguinity includes a child’s:
Some common situations where a TRO may be useful include:
If there is an existing order, the existing custody order is a Texas order. If there is no existing order, the children must have lived in Texas for at least six months or since they were born (if under the age of six months).
Note: It may be possible for a court to obtain emergency jurisdiction and issue a TRO even when this is NOT true; however, this situation is legally complicated and you should speak with an attorney.
Please note, this TRO toolkit is NOT INTENDED for use with issues that do not involve the emergency safety of a child such as property issues or basic child custody issues.
READ THIS ARTICLE BEFORE USING THE FORMS:
(Article) TROs, Temporary Injunctions, and Temporary Orders In Child Custody Emergencies
This toolkit includes:
Note that there are two different form sets available:
*Only required in some cases—read the instructions carefully!
Note: You may not need all of the forms listed—or you may need additional forms. Get more information at TexasLawHelp. Talk to a lawyer if you have questions.