CAUSE NO.

____________
IN THE INTEREST OF
KID DOE
A CHILD

IN THE DISTRICT COURT

256TH JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS

Original Petition for Termination and Adoption of Stepchild

1.

Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2.

Objection to Assignment of Case to Associate Judge

Petitioners object to the assignment of this matter to an associate judge or visiting judge
for a trial on the merits or presiding at a jury trial.
3.

Petitioners

This suit is brought by DAYSI DUKE and BOB DUKE, Petitioners, who are husband
and wife.
Petitioner DAYSI DUKE is the mother of the child the subject of this suit.
Petitioner BOB DUKE is the stepfather of the child the subject of this suit.
The last three numbers of DAYSI DUKEs drivers license number are 790. The last three
numbers of DAYSI DUKEs Social Security number are 676. The last three numbers of BOB
DUKEs drivers license number are 780. The last three numbers of BOB DUKEs Social
Security number are 817.
4.

Jurisdiction

This Court has acquired and retains continuing, exclusive jurisdiction of this suit and of
the child the subject of this suit as a result of prior proceedings. Petitioner would show there was
a Final Order in a Suit Affecting the Parent-Child Relationship dated April 5, 2006.
5.

Child
The following child is the subject of this suit:

Name:
Sex:

KID DOE
Male

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Birth date:
6.

June 16, 2003

Person Entitled to Citation

The mother of the child the subject of this suit is, Petitioner, DAYSI DUKE.
No service is necessary.
Persons having a court-ordered relationship with the child the subject of this suit are:

Name:

JOE DOE

Relationship: Biological Father/Respondent

Citation by publication or other substituted service is necessary for the reasons
stated in the affidavit attached as Exhibit A.
7.

Property
No property of consequence is owned or possessed by the child the subject of this suit.

8.

Termination Sought

Termination of the parent-child relationship between JOE DOE and the child the subject
of this suit is in the best interest of the child, and such termination is requested.
As grounds for termination, Petitioners allege that this parent has
_a. failed to support the child in accordance with his ability during a period from April 2006 to
the present, ending within six months of the date of the filing of this petition;
b. failed to have possession or visitation with the child for a period of eight (8) years, and
remained away for a period of at least six months;
c. Petitioner would show that JOE DOE has had criminal problems, including but not limited to
a protective order granted against him and supervised visitation orders of his son which was
never exercised.
d.
Petitioner would show that JOE DOE may have been deported from the United States of
America.
e.
In the SAPCR dated April 5, 2006 the Court found the Father, JOE DOE, has a history and
pattern of committing family violence during the two year period preceding the filing of this suit
and ordered supervised access only. The supervised access was never exercised.
The parent-child relationship between the child the subject of this suit and the father does
not exist in fact. If any parent-child relationship does exist, has ever existed, or could ever exist

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between the father and the child the subject of this suit, it is in the best interest of the child that
the relationship be terminated, and such termination is requested.
9.

Attorney ad Litem

Petitioners request the Court to appoint an Attorney ad Litem to provide legal services
necessary to assist the Court in protecting the interests of the biological father, JOE DOE.
Petitioners request the Court to find that the interests of the child the subject of this suit
will be represented adequately by Petitioners, whose interests are not in conflict with the childs
interests. In support thereof Petitioner attaches her Affidavit in Support of Citation by
Publication.
One or more persons entitled to citation must be cited by publication, and Petitioners
request the Court to appoint an attorney ad litem for any party so cited who may default or fail to
appear.
10.

Adoption Sought

It is in the best interest of the child the subject of this suit to be adopted by BOB DUKE,
stepparent, and adoption of the child is sought.
11.

Residence with Petitioners

The child the subject of this suit has lived in the home of Petitioners for six months and

more.
12.

Consent

The written consent of the managing conservator is not required, because the managing
conservator is one of the Petitioners.
13.

Childs Name

_Petitioners request that the name of the child KID DOE be changed to ANTHONY JOEL
MEDINA. Petitioners also request that a new birth certificate be issued to reflect the change of
name.
14.

Social Studies

Petitioners request the Court grant permission for a private social study. Petitioners
request the Court waive the Social Study under Texas Family Code 162.005 (a) (3).
Alternatively, Petitioners request the Court to order the preparation of the preadoptive
and postplacement social studies required by the Texas Family Code. Petitioners further request
that a copy of the social studies be made available to Petitioners before a final order is entered.
15.

Attorneys Fees, Expenses, Costs, and Interest

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It was necessary for Petitioners to secure the services of RANDY J. ESSENBURG, a

licensed attorney, to preserve and protect the childs rights. Respondent, JOE DOE, should be
ordered to pay reasonable attorneys fees, expenses, and costs through trial and appeal, and a
judgment should be rendered in favor of this attorney and against Respondent and be ordered
paid directly to the undersigned attorney, who may enforce the judgment in the attorneys own
name. Petitioners request postjudgment interest as allowed by law.
16.

Sealing of Records
Petitioners request the Court to order the sealing of the file and the minutes of the Court.

17.

Prayer

Petitioners pray that citation and notice issue as required by law. Petitioners pray that the
Court enter its order in accordance with the allegations of this petition.
Petitioners pray for attorneys fees, expenses, costs, and interest as requested above.
Petitioners pray for general relief.

_____________________________________
ATTORNEY INFO

322030811

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