How to Fill Out Form FM-Pat1-100

Form FM-Pat1-100 at a glance

What it is: Petition to Adjudicate Parentage: the Petitioner is the person asking the Court to determine the father of the child or children named in the form.

Who signs: SIGN in the Petitioner's Signature box and add the Date.

A filled-in Form FM-Pat1-100 example: a mother files in Harris County

Form FM-Pat1-100 example filled out, example: a mother files in Harris County
Dana Sample, a mother, files the Petition to Adjudicate Parentage. Her child J.S. is the subject, and she files in a District Court in Harris County, Texas. The picture shows page 1 only; all its values are invented. She has no driver's license and no social security number, so the last three numbers of her driver's license and her social security number stay empty. No court has handled the child before, so the box for continuing exclusive jurisdiction stays empty. The Child(ren), Acknowledgment of Paternity, presumed father, Respondents, alleged father, Paternity registrant, court-ordered relationships, Out-of-State Respondents, Biological Testing, Paternity, Conservatorship, Medicaid or TANF, Petitioner's Signature and Certificate of Service boxes are on later pages, outside this picture.

How to fill out Form FM-Pat1-100, box by box

In the Interest of the following Minor Child(ren)

Form FM-Pat1-100 example filled out, in the Interest of the following Minor Child(ren)

Print the initials of each child under In the Interest of the Minor Child(ren).

My name is

Form FM-Pat1-100 example filled out, my name is

Print your answers.

After My name is, print your name as First Middle Last.

My driver's license and social security number

Form FM-Pat1-100 example filled out, my driver's license and social security number

My driver's license was issued in (State): print the State, then the last three numbers of your driver's license number, or check that you do not have a driver's license. The last three numbers of your social security number are: print them, or check that you do not have a social security number.

I am: (Check one.)

Form FM-Pat1-100 example filled out, i am: (Check one.)

I am (Check one). The mother of the child(ren). A man asking the court to determine whether or not I am the biological father of the child(ren). The presumed father of the child(ren), asking the court to determine that I am not the biological father of the child(ren). A relative of the mother, who is deceased: I am the mother's mother, father, grandmother, grandfather, sister or brother. An adult asking the Court to determine my father: I was born on the date you print. An intended parent: A gestational agreement named me the parent of the child(ren).

2. Jurisdiction of the Court

Form FM-Pat1-100 example filled out, 2. Jurisdiction of the Court

Jurisdiction of the Court (Check one): No court has continuing jurisdiction of this case or the child(ren), and the child(ren) have never been part of any other court case; or this Court has continuing, exclusive jurisdiction of this case and the child(ren), and this Court made prior orders about the child(ren).

3. Child(ren)

Form FM-Pat1-100 example filled out, 3. Child(ren)

The following child(ren) are the subject of this case: print each Child's name, Date of Birth, and County and State where child lives now.

3a. Does a court order name the father of the child(ren)?

Form FM-Pat1-100 example filled out, 3a. Does a court order name the father of the child(ren)?

Does a court order name the father of the child(ren)? (Check one.) The child(ren) do not have an adjudicated father: no court has named anyone the father of these child(ren). The child(ren) do have an adjudicated father: a court order names the father of the child(ren).

3b. Has someone signed an “Acknowledgment of Paternity” claiming to be the father?

Form FM-Pat1-100 example filled out, 3b. Has someone signed an “Acknowledgment of Paternity” claiming to be the father?

Has someone signed an “Acknowledgment of Paternity” claiming to be the father? (Check one.) The child(ren) do not have an acknowledged father: no one has signed an Acknowledgment of Paternity claiming to be the father of these child(ren). The child(ren) do have an acknowledged father: someone has signed and filed an Acknowledgment of Paternity claiming to be the father of these child(ren).

3c. Do the child(ren) have a presumed father?

Form FM-Pat1-100 example filled out, 3c. Do the child(ren) have a presumed father?

Do the child(ren) have a presumed father? (Check one.) The child(ren) do not have a presumed father.

Respondent A: Mother

Form FM-Pat1-100 example filled out, respondent A: Mother

Respondent A: Mother. Check this box if you are the mother of the child(ren), and skip to Respondent B. The mother of the child(ren) is: PRINT the Mother's full name.

How each Respondent is served

Form FM-Pat1-100 example filled out, how each Respondent is served

(Check one.) I will have a sheriff, constable, or process server give a copy of this Petition to the mother of the child(ren) here. I ask the clerk to issue citation. I understand that I will need to pay a fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service. Or service by a sheriff, constable, or process server is not necessary, at this time: I will give a copy of this Petition to the mother and I believe she will sign a Waiver of Service, or file an Answer. Or I ask that this Respondent be served by publication: I will file the required affidavits for service by publication. I understand I must hire an attorney ad litem to represent this Respondent.

Respondent B: Alleged Father

Form FM-Pat1-100 example filled out, respondent B: Alleged Father

Respondent B: Alleged Father. Check this box if you are the alleged father, and skip to Respondent C. The alleged father of the child(ren) is: PRINT the Alleged Father's full name.

Respondent C: Presumed, Acknowledged or Adjudicated Father

Form FM-Pat1-100 example filled out, respondent C: Presumed, Acknowledged or Adjudicated Father

Respondent C: Presumed, Acknowledged or Adjudicated Father. Check this box if there is no presumed, acknowledged, or adjudicated father of the child(ren) or you are the presumed father and skip to Respondent D. Respondent C's full name is: PRINT the Presumed, Acknowledged, or Adjudicated Father's full name.

Respondent C is (Check one): a presumed father. Respondent C was married to the mother when the child(ren) you list were born or conceived or during the first two years of each child's life, Respondent C continuously lived with the child(ren) you list and represented to others that the child(ren) were his own. Or an adjudicated father. A court order named Respondent C as the father of the child(ren). Or an acknowledged father. Respondent C signed an Acknowledgment of Paternity claiming to the father of the child(ren).

Respondent D: Paternity Registrant

Form FM-Pat1-100 example filled out, respondent D: Paternity Registrant

Respondent D: Paternity Registrant. Check this box if no one filed notice of intent to claim paternity with the paternity registry, and skip to Respondent E. The paternity registrant is: PRINT the Paternity Registrant's full name.

Respondent E: Court-Ordered Relationships

Form FM-Pat1-100 example filled out, respondent E: Court-Ordered Relationships

Respondent E: Court-Ordered Relationships. Check this box if there are no court orders for custody or guardianship of the child(ren) or other court ordered relationships affecting the child(ren), and skip to Respondent F. PRINT the full name(s) of anyone with a court ordered relationship with the child(ren).

5. Out-of-State Respondents

Form FM-Pat1-100 example filled out, 5. Out-of-State Respondents

Out-of-State Respondents (Check one): Everyone involved in this case lives in Texas. Or if a Respondent does not live in Texas, print the FULL name of the Out-of-State Respondent. Note: If a Respondent does NOT live in Texas, you must also attach the Exhibit: Out-of-State Party Affidavit.

6. Biological Testing (Check one.)

Form FM-Pat1-100 example filled out, 6. Biological Testing (Check one.)

Biological Testing (Check one): Biological testing was done before this suit was filed. I ask that biological testing be ordered by the Court. Biological testing is not necessary at this time.

7. Paternity

Form FM-Pat1-100 example filled out, 7. Paternity

Paternity: I ask the court to establish the parent-child relationship between the child(ren) and: PRINT the full name of person you are asking the court to name as the father of the child(ren).

8. Conservatorship, Possession and Access, and Support

Form FM-Pat1-100 example filled out, 8. Conservatorship, Possession and Access, and Support

Conservatorship, Possession and Access, and Support (Check one): I am not asking the Court to make orders for conservatorship (custody), possession of and access to the child(ren), child support, or medical support at this time. (If you check this box, skip to section 9.) Or I ask the Court to make orders for conservatorship, (custody) possession of and access to the child(ren) (visitation), child support, and medical support for the child(ren).

If your child(ren) have ever received Medicaid or TANF

Form FM-Pat1-100 example filled out, if your child(ren) have ever received Medicaid or TANF

Note: If your child(ren) have ever received Medicaid or TANF, you must send a copy of this Petition to the Office of the Attorney General Child Support Division.

Petitioner's Signature

Form FM-Pat1-100 example filled out, petitioner's Signature

Respectfully, SIGN in the Petitioner's Signature box and add the Date.

16. Certificate of Service to the Office of the Attorney General (OAG)

Form FM-Pat1-100 example filled out, 16. Certificate of Service to the Office of the Attorney General (OAG)

Certificate of Service to the Office of the Attorney General (OAG): Sign only if your child(ren) receive (or have received) Medicaid or TANF.

“I certify that a true copy of this Counter-Petition was served on the Office of the Attorney General Child Support Division* in person, by certified and first-class mail, by commercial delivery service, by fax, by email, or through the electronic file manager on this date.”

Sources

[1] Form FM-Pat1-100, Petition to Adjudicate Parentage (Rev. 02-2024), TexasLawHelp.org (the Official source link on this page).

Petition Adjudicate Parentage Form PDF Details

Navigating the complexities of establishing paternity can be a daunting process, which is where the Petition to Adjudicate Parentage form, a critical document within Texas Family Law, comes into play. This form serves as a formal request to the court to legally determine the fatherhood of a child or children. Essential details such as the child’s name, birth date, and current residence are required, in addition to the petitioner's personal information, which includes the last digits of their driver's license or social security number, if applicable. The document accommodates various scenarios, including those where the petitioner might be the mother, a man seeking to establish or contest his paternity, a relative in the absence of the mother, or an individual identified as a parent through a gestational agreement. It outlines the necessary steps for providing legal notice to all involved parties, such as the mother, any alleged, acknowledged, or adjudicated father, and others with a legal interest in the child's paternity. Furthermore, the form details processes for situations where the parentage is disputed or uncertain, including instructions for serving legal notices and the potential need for an attorney ad litem when service by publication is required. The Petition to Adjudicate Parentage form not only emphasizes the legal framework for establishing paternity but also underscores the significance of legal fatherhood in terms of child support, inheritance, custody, and access rights, thereby providing a pivotal tool for families seeking to clarify and secure a child’s paternal relationships.

QuestionAnswer
Form NamePetition Adjudicate Parentage Form
Form Length10 pages
Fillable?Yes
Fillable fields217
Avg. time to fill out2 min 15 sec
Other namespetition for adjudicate parentage, how to file a petition to adjudicate parentage, adjudicate parentage form, petition to adjudicate parentage form