Divorce Decree Form for Texas

Description

Divorce Decree Form for Texas document sample

Shared by: kfl57581

Tags

Divorce Decree, divorce papers, How to, divorce forms, final divorce decree, texas divorce, divorce laws, divorce attorney, divorce settlement, Texas Divorce Decree

Stats

views:: 57
posted:: 1/20/2011
language:: English
pages:: 72

Public Domain

Document Sample

REQUEST
PROCESSING AND
ISSUANCE
REQUEST ISSUANCE TEAMS

Mail in team
Texas online team
Lobby team
Action team
MAIL IN TEAM

11 Members in the Team.
Processes approximately 102,360
requests in the last year.
Currently at 19 Days to Completion (6 to 8
weeks quoted DTC).
Displaced due to Imaging Project, which
will be for two years.
TEXAS ONLINE TEAM

 Started in December of 2005.
 Processes approximately 108,600 requests in
the last year.
 Comprised of 12 members.
 Currently at 6 DTC in processing time.
 Accessed at www.texasonline.gov.
 Handles birth and death certificates and
verifications, marriage and divorce verifications.
LOBBY TEAM

 Direct customer service at our facility.
 Comprised of 7 team members and support from
all other teams.
 Handles 55,359 customer requests in the last
year.
 Quick, personal service, usually within 3 hours
or less.
 Also handles supplementals, paternities and
adoptions. Turn around in 48 hours.
ACTION TEAM

 Processes credit card faxed orders and
expedited overnight orders.
 Credit card orders increased from 155 per
month in Sept. 2007 to 2,264 per month in Sept.
2008.
 Processes the DCOA orders. Increased from
108 orders per week in Sept. 2007 to 1009
orders per week in Sept. 2008.
 Comprised of 4 team members.
INTERNET ACCESS

 www.texasonline.gov or
www.texasonline.com
 http://www.dshs.state.tx.us/vs
Swifter credit card processing
Online Identification check
Faster response time
Customer convenience
Customer security Greater payment
Flexibility!

Qualified applicant
Restrictions on
Closed records!
Have you seen our
website?

It has everything!
VITAL STATISTICS WEB PAGE
VITAL STATISTICS APPLICATIONS
Credit Card Application

 Credit card fee is now Cert #
OFFICE USE ONLY

DOCUMENT CONTROL #
Remit No.
OFFICE USE ONLY

EXPEDITED APPLICATION FOR

$8.00. By______________

PLEASE PRINT. INCLUDE A PHOTOCOPY OF VALID PHOTO ID OR YOUR ORDER WILL NOT BE PROCESSED.

Type
Birth Certificates
Cost X
BIRTH OR DEATH RECORD

# of copies= Total Type
By______________

Death Certificates
Cost X # of copies= Total
st
Certified Copy $22 1 Copy $20 1 $20

 Most common
Heirloom-Flag $60 Additional copies $3
Heirloom-Bassinet $60 (optional) $8 UPS OR $16.50 USPS Express Mail
(optional) $8 UPS OR $16.50 USPS Express mail OR Expedite fee (required) $5.00
($4.60 Priority mail for overseas military address ONLY) Subtotal
Expedite fee (required) $5.00 Handling fee (required) $8.00
Subtotal Total
Handling fee (required) $8.00 For any search of the files where a record is not found, the

problems:
Total searching fee is not refundable or transferable.
1. Full Name of First Name Middle Name Last Name
Person on Record
2. Date of Birth or Month Day Year 3. Sex
Death
4. Place of Birth or City or Town County State
Death
5. Full Name of First Name Middle Name Last Name

1. Both signatures need Father
6. Full Maiden
Name of Mother

7. YOUR NAME
First Name Middle Name

8. TELEPHONE # (
Maiden Name

) - AM or PM (circle)
(MON-FRI 8:00-5:00)

to be on application. 9. MAILING ADDRESS:
STREET ADDRESS

10. RELATIONSHIP TO PERSON NAMED IN ITEM 1:
CITY

11. PURPOSE FOR OBTAINING THIS
RECORD:
STATE ZIP

11. WILL THIS RECORD BE USED TO OBTAIN A PASSPORT, FOR IMMIGRATION OR FOR THE INDIAN REGISTRY? YES NO

2. Legible photo ID not I authorize mailing to the address below instead of my mailing address. I have verified that the address below will receive my order.

I agree to pay the above amount according to the card
member agreement. NAME

STREET

received. Cardholder signature

Payment
Credit Card (check one):
Mastercard Visa Discover
CITY

Your Signature
STATE ZIP

Date of Application
Credit Card Number:
Name on Credit Card: FAX THIS APPLICATION WITH PHOTOCOPY OF VALID PHOTO
Expiration Date Month ID TO 1-866-924-6317. PLEASE MAKE SURE YOUR PHOTO ID
Expiration Date Year IS LEGIBLE. ALSO, PLEASE WRITE YOUR ID NUMBER AND
Security Code on Back of EXPIRATION DATE BELOW:
Credit Card:
Billing address (if different ID #_________________________ID EXPIRATION_____________
from mailing address):
FAXED ORDERS ARE PROCESSED IN
10-15 BUSINESS DAYS
WARNING: THE PENALTY FOR KNOWINGLY MAKING A FALSE STATEMENT IN THIS FORM CAN BE 2-10 YEARS IN PRISON AND A FINE OF
UP TO $10,000. (HEALTH AND SAFETY CODE, CHAPTER 195, SEC. 195.003)
VS-142.2 Rev. 8/2008
VITAL STATISTICS FORMS

Application to Amend Certificate of Birth.

Application to Amend Certificate of Death.

Application for New Birth Certificate Based on
Parentage.

Certificate of Adoption.
Application to Amend Certificate of
Birth

May be used to:
 correct items on the Birth Certificate that have
been proven by satisfactory evidence to be
mistakes.
 add items that were left blank.

This form cannot be used to add or delete
the father from the Birth Certificate.

Cost: 15.00
Proper Completion of Amendment Application

 Part 1: Information as it is
on the record now!
(Before Amendment)
 Part 2: Information that
needs to be Corrected
 Part 3: Affidavit portion of
amendment form must
be a sworn statement
 Please Note: This form
can not be used to add
the father to the birth
record. No exceptions!
Part One of the Amendment Application.

 If child has no name put “Infant of” then last name of
father if he is listed on record. If the father is not
listed, put “Infant of” then Mother’s last name.

 If you do not know the state file number leave it blank.

 If the father is not listed on the birth record leave it
blank.
Proper Completion of Amendment Application

First Name John Jon

Last Name Smitth Smith

Item Number or How it appears on What the Correct
Name as it is on the the original birth information is.
birth record: “First record
Name” “Item 1a”
Proper Completion of Amendment Application

James Smith and Kathy Smith

“Parents” or “Mother and Father”

 If the child is a minor and both parents are listed on child’s the
birth record BOTH Parents must sign the affidavit portion.

 It must say how the person who is signing the affidavit portion is
related to the registrant (The person listed on the birth record)
i.e. “Parents” “Mother and Father” “Older Sister” etc.
Application to Amend Certificate of
Death
May be used to:

correct items on the Death Certificate.
add items that were left off.
the informant is the only one who can
amend the marital status.

Cost: $15.00
Application for a New Birth
Certificate Based on Parentage

May be used to:
add the biological father’s name and
information.
remove the father or mother’s name and
information with a court order.
substitute the Intended Parents in a
gestational agreement.

Cost: $25.00
Adding The Biological Father To The Birth
Certificate.

 Texas VSU must have The
Application for New Birth
Certificate Based on Parentage
(VS-166) completed and signed
in front of a Notary Public by
both parents.

 If a court order establishing
parentage is being submitted
with the request only one parent
need sign the VS-166 in front of
a Notary Public.
Adding The Biological Father To The Birth
Certificate; Cont.
 Texas VSU will also need one of the following in addition
to a properly completed VS-166 form:

 If the biological parents were married before, at the time of the
child's conception, at the time of the child's birth, or after the
child's birth, a certified copy of a marriage license between the
mother and the biological father [HSC § 192.005 (a)(1)];

 If the parents are not married, a properly completed State of
Texas Acknowledgement of Paternity (AOP) form (VS-159.1)
[HSC § 192.005 (a)(3)]; or

 Certified copy of a court decree establishing parentage between
the child and the biological father [HSC § 192.005 (a)(2)].
Changing The Father's Name And Information On A Birth Certificate
When There Is Already A Father Listed On It.

 If the person listed on the birth certificate completed an
AOP, Texas VSU must have a court decree stating
person that is being added to the birth certificate is the
biological father and that he is to be placed on the birth
certificate.

 If man is on a birth record because he is married to the
mother of the child but is not the biological father, the
mother and biological father can complete an AOP form
with the man presently listed as the father on the existing
birth certificate completing the denial portion of the AOP
form.
Removing The Father's Name And Information From A Birth
Certificate?

 This requires a certified copy of a court order indicating
that:
 The man currently listed as the father on the birth certificate is
not the biological father, or

 The father's rights have been terminated, and his name is to be
removed from the birth certificate.

 The Application for a New Birth Certificate Based on
Parentage (VS-166) can be signed in the presence of a
notary public by either the mother or by the man whose
name is being removed from the birth certificate.
Important Note!!!

When a court decree Terminates the
Parental Rights of the father, it must also
state he is to be removed from the birth
record in order for us to remove him from
the birth record.
Removing The Mother's Information From A Birth
Certificate.

The mother's birth information can be
removed using the Application for a New
Birth Certificate Based on Parentage if a
court order was granted that terminates the
mother's rights and specifically states that
her information is to be removed from the
birth certificate.
Changing the parents information on a birth certificate
based on Gestational Agreements

 A gestational agreement is an agreement under
which a woman agrees to bear the child of a
married couple. The child being carried by its
"gestational mother" does not share any of her
genetic material. The baby's genetic parents are
usually referred to as the "intended parents.“

 Based on a gestational agreement, the court
may order the birth certificate of a child born to a
gestational mother be changed to show the
genetic parents' names and information.
Changing the parents information on a birth certificate
based on Gestational Agreements, Cont.

 The Hospital can place the intended parents on
the birth certificate if the court decree specifically
states that the hospitals is to do so.

 The birth certificate can also be changed after
record has been filed with the state by
submitting the Application for New Birth
Certificate Based on Parentage and a certified
copy of the gestational agreement, indicating the
intended parents to be placed on the birth
certificate, with the required fees.
Changing the Child’s Last Name

John Jacob Black 01 01 2008 Travis
Lucy Black
 The parents may
change the child’s last
name (surname) to that
John Jacob Grey
Jim Grey 01 31 1970 Texas of the father without a
Lucy Black 07 04 1976 Texas

court order when
adding the father to the
birth record.
Changing the Child’s Last Name, Cont.

John Jacob Black 01 01 2008 Travis  The parents also
Lucy Black

have the option of
adding the father’s
Jim
John
Grey
Jacob
01 31 1970
Grey Black
Texas
surname to the child’s
Lucy Black 07 04 1976 Texas
existing surname
when adding the
father to the birth
certificate.
Changing the Child’s Last Name, Cont.

 If a court decree is being used as proof of
parentage and it indicates the child’s surname is
to be changed, we must change the child’s last
name to what the court decree specifies.

 If the court order does not address any name
change at all, the parents may change the
child’s last name to that of the father if BOTH
parents sign the application for new birth
certificate based on parentage in the presence
of a notary public.
Does sending in an AOP automatically
change the Birth Certificate?

 No. The AOP only establishes legal parentage.
An Application For New Birth Certificate Based
On Parentage completed and signed in the
presence of a notary public by both parents
would still need to be sent into our office.

 If an AOP is on file but one of the parents
refuses to sign Application For New Birth
Certificate Based On Parentage, we would need
a court decree stating that the father is to be
added to the birth certificate.
Certified Copies of Court Decrees

We must have a
certified copy of the
entire court decree.
This certified copy
must have the seal of
the district clerk
where it is filed.
Acknowledgment of Paternity and Divorce Decree

 The denial of paternity portion of the Acknowledgment of
Paternity form does not have to be completed by the
presumed father if the biological mother states to the
certified entity that there is a court order that states that the
man the mother was married to is not the father of the
child.
Acknowledgment of Paternity and Divorce Decree, Cont.

 If the man the mother was married to is listed on
the birth certificate as the father, VSU will need to
have a certified copy of the court order to remove
the presumed father from the birth certificate and
place the biological father on the birth record.
Successfully Rescinding or Challenging
an AOP.
 To remove the father listed on the birth record we will
need:

 A certified copy of the court decree successfully rescinding or
challenging of the AOP

 The VS-166 form signed by the mother or the person who is to be
removed from the birth record in the presence of a notary public

 Please Note: This will not automatically change the child’s last
name to the mother’s maiden name. The court order would specify
the surname is to be changed or the mother would have to sign the
Application for New birth Certificate Based on Parentage in front of
a notary public indicating that the surname of the child is to be
changed to her maiden name.
Adding A Step-Father To A Birth
Certificate.

 This can not be done with The Application for a New
Birth Certificate Based on Parentage (VS-166). This
form can only be used when adding the biological
father to the birth certificate. The Step-Father must
legally adopt the child in order to be placed on the birth
certificate.
Obtaining a Certified Copy of the AOP.
 To obtain a certified copy of the
AOP, the Acknowledgement of
Paternity Inquiry Request Form
(VS-134.1) would need to be
completed and sent into our office.
The instructions are located on the
application.

 Access is limited to a signatory of
the acknowledgment or denial
(mother, father, or presumed
father) and to the courts and the
Title IV-D agency of this state or
another state. [FC § 160.313]

 The Title IV-D agency for the state
of Texas is the Office of the
Attorney General.
Obtaining A Copy Of The Application Used To File The
New Birth Certificate Based On Parentage.

 Once a new birth certificate based on parentage has
been filed the original information (Original birth
certificate, VS-166 form, and the supporting proof of
parentage) are sealed.

 Access to the original certificate of birth and related
documents shall not be authorized except upon order of
a court of competent jurisdiction. [Title 25 TAC §181.9
(a)]
 We strongly encourage parents to retain copies of the
documents that were submitted to change their child's
birth certificate.
Obtaining A Copy Of The Application Used To File The
New Birth Certificate Based On Parentage; Cont.

 The court decree must identify the correct sealed file by
including the registrant's name as it appears on the
current birth certificate, the registrant's date of birth, and
the registrant's place of birth.

 Once the decree has been obtained, a certified copy of
the court decree along with $10 sealed file opening fee
would need to be sent into our office. We will retain the
certified court decree.
Last name change and the Social
Security Administration, DMV, etc.
In some cases the SSA, DMV, or some
other entity might need to see proof of
name change other than the new birth
certificate.

If a court order was used to change the last
name of the child they can present the court
decree granting the name change.
Last name change and the Social
Security Administration, DMV, etc.
 When the surname of the
child was changed due to
a paternity action without
a court order and proof of
name change is needed,
Texas VSU can provide a
certified statement stating
that the name on the birth
certificate was changed
and on what date it was
changed.
Last name change and the Social
Security Administration, DMV, etc.
 The following is
needed to obtain a
Paternity Verification
Letter:
Name and Date of Birth
of the Child before and
after the change
Parents Names
Return Address
Photo Identification
$22.00 Processing Fee.
Certificate of Adoption
May be used to:

 file an adoption which has gone through the
Texas courts.
 file an adoption for a child who was born in
another country and adopted in a Texas
court.

The Certificate of Adoption is now available
on our website.
Cost: $25.00
Adding the Father or Mother to the birth
certificate based on Adoption.
 The following information will be
needed:
 A certificate of adoption would need
to be sent into our office with, at the
least, Parts 1 and 2 completed.

 Part 4 would need to be completed
and signed by the district clerk’s
office. If part 4 cannot be completed
we will need a certified copy of the
court decree granting the adoption.

 $25.00 processing Fee

 $22.00 for Certified Copy of the
New Birth Certificate

 $15.00 Central Adoption Registry
Fee (If it has not already been paid
at the county.)
Foreign Adoption
A resident of the State of Texas who adopt
children in foreign countries can have a new
birth certificate based on adoption filed in
Texas [Title 25 TAC §181.29]
Information needed to Complete a New Birth Certificate
Based on Foreign Adoption.

 A certified copy of the decree of adoption granted in a
foreign country and information with translation into the
English language relating to the adoptive parent(s) and
adoptee should be submitted to a court of competent
jurisdiction of this state for validation.

 It is the responsibility of the applicant(s) to have all
required documents translated into the English language.

 An official certificate of adoption(VS-160) must be prepared
and submitted to the Bureau by the clerk of the court
validating the foreign adoption.

Title 25 TAC §181.29(b)
Certificates of Adoption received by VSU
with No Processing Fee.
 The Certificate of Adoption is placed in a
permanent pending file.

 If the Certificate of Adoption was sent in by the
attorney, a letter is sent to the Attoney’s office
requesting the processing fee.

 If it is sent in by the district clerk’s office, a letter
is sent to the adoptive parents requesting the
processing fee.
IDENTITY OF THE COURT

Pertains to the Court that Granted the Adoption

Cost: $10.00
Sealed File Opening

Can be either an Adoption or Paternity sealed
file opening.

Cost: $10.00
Electronic Death Registration
Electronic Death Registration
Improvements

Faster registration

Immediate availability

Social security number verification

Fewer amendments
HEIRLOOM AND COMMEMORATIVE
CERTIFICATES

BIRTH CERTIFICATE
WEDDING ANNIVERSARY
CERTIFICATE
BIRTH RESULTING IN STILLBIRTH
HEIRLOOM BIRTH CERTIFICATE
NEW HEIRLOOM BIRTH CERTIFICATE

Cost: $60.00
COMMEMORATIVE WEDDING ANNIVERSARY
CERTIFICATE

Cost: $60.00
CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Cost: $20.00
Who is a Qualified
Applicant ?
BIRTH & DEATH
RECORDS

 BIRTH RECORDS ARE CONFIDENTIAL FOR
75 YEARS FROM THE DATE OF FILING
 DEATH RECORDS ARE CONFIDENTIAL
FOR 25 YEARS FROM THE DATE OF FILING

THE FACT OF BIRTH OR DEATH IS NOT CONFIDENTIAL. NAME, DATE
AND PLACE OF EVENT, AND FILE # CAN BE PART OF AN INDEX WHICH
IS AVAILABLE TO THE PUBLIC WHEN THAT INFORMATION DOES NOT
REVEAL THE FACT OF ADOPTION.
QUALIFIED APPLICANT

A QUALIFIED APPLICANT IS AN:

 IMMEDIATE FAMILY MEMBER BY BLOOD
OR MARRIAGE
 LEGAL GUARDIAN
 LEGAL REPRESENTATIVE OF THE FAMILY
 ORGANIZATIONS OR GOVERNMENTAL
AGENCIES THAT HAVE AN ABSOLUTE
TANGIBLE NEED FOR THE RECORD

(CHAPTER 25, T.A.C., 181.1, 1995).
TYPES OF QUALIFIED APPLICANT

 BY MARRIAGE – STEP-SIBLING OR IN-LAW
 CASEWORKER
 HOUSING CENTER - HOMELESS PERSON
MAY SOLICIT HELP FROM A SHELTER
 LEGAL REPRESENTATIVE – ATTORNEY,
BENEFICIARY OF AN ESTATE, MANAGING
CONSERVATOR
 LOCAL, STATE, AND FEDERAL LAW
ENFORCEMENT- DPS, BORDER PATROL,
RECURITER
1. Make sure the customer is a
qualified applicant

Our first job is to determine if
someone is a qualified applicant.
Once we determine that they are, we
shouldn’t deny them their record.
2. Properly Identifying the
Record

The purpose of having someone
properly identify the record is to ensure
the correct certificate is issued.
3. ISSUING THE CERTIFICATE

The decisions on issuing certified
copies will not always be black and
white.
You can always ask for additional
information from the requestor to
become more comfortable with
issuance.
4. USE YOUR SOUND
JUDGEMENT

Someone might not know all the
identifying information.
Someone might not have one of the
ID’s listed.
WHAT IS AN ACCEPTABLE ID?
 STATE-ISSUED DRIVERS LICENSE
 STATE/CITY/COUNTY ID CARD
 STUDENT ID
 GOVERNMENT EMPLOYMENT BADGE OR CARD
 PRISON ID
 MILITARY ID
 PASSPORT

Must be valid picture ID’s
[Title 25 TAC §181.1 (13)]
Acceptable ID for Issuance
Stand Alone Identification: Stand alone identification
would be considered identification that can be used by itself and no
other additional form identification is needed.

 Unexpired United States Passport
 Unexpired Passports for other Countries
 Unexpired Permanent Resident Card
 Unexpired Border Crossing Card:USA B1/B2
VISA/BCC
 Unexpired Reentry Permit Form. Issued from
Homeland Security (1-327)
 Matricular Consular (No Longer Accepted By
VSU)
Why isn’t the Matricula Consular
Accepted by VSU

 The U.S. Immigration and Customs Enforcement (formally INS) does
not recognize the Matricula Consular as proper identification.

 According to testimony before the U.S. Congress, the U.S. Department
of Justice and the Federal Bureau of Investigation have concluded that
the Matricula Consular is not a reliable form of identification.

 A letter was sent to the Consul General of Mexico by DSHS Chief
Operating Officer Dee Porter stating that DSHS Office of General
Counsel concurs with the U.S. Department of Justice, FBI, and The
U.S. Immigration and Customs Enforcement that the card is not a
reliable form of identification and DSHS/VSU cannot accept it.
Acceptable ID for Issuance
cont…
Secondary Identification: At least two forms of
secondary identification must used be presented. At least one of the
documents must have the signature of the applicant.

Social Security Card with Signature
Sam’s Club Card
Medicaid Letter
DD214
Official School Transcript
Court Orders
WHAT IF I DON’T HAVE
PHOTO ID?

If the applicant does not have a valid photo ID, an alternative
would be:
a) have an immediate family member, submit a request along
with their photo ID.
b) submit photocopies of two documents with the applicant’s
name, such as an expired Driver’s License, a recent
paycheck stub, or a Social Security card. One of the
documents must have the applicant’s signature.

Applications received without a valid photo ID or acceptable
alternatives cannot be processed.
AUTHORIZATION FORM

IF THE CUSTOMER IS NOT
A QUALIFIED APPLICANT,
THEY MUST SUBMIT AN
AUTHORIZATION FROM
AN IMMEDIATE FAMILY
MEMBER. THE
AUTHORIZED PERSON
WILL THEN HAVE TO
PROVIDE PROPER
IDENTIFICATION.
How do I sign
up for the
Electronic
Death
Registration
?
Thank you for attending