The Texas Petition Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This form allows parents to modify custody arrangements, child support, and other related matters based on significant changes in circumstances. To begin the process, fill out the form accurately and click the button below to submit your request.
The Texas Petition Modify form is a crucial document for parents or guardians seeking to change existing court orders related to the parent-child relationship. This form allows individuals to request modifications to various aspects of custody, support, and parental rights. When filling out the form, it is essential to include specific details such as the cause number, court information, and the names of the children involved. The petitioner must also specify the orders they wish to modify and provide a rationale for the changes, demonstrating that a significant change in circumstances has occurred since the original orders were established. The form requires information about the petitioner, including their relationship to the children and their legal standing to file the petition. Additionally, it outlines the necessity of notifying all parties involved in the current orders, ensuring that everyone affected by the changes is aware of the proceedings. By completing this form, parents can effectively advocate for adjustments that reflect the best interests of their children.
(Fill in Cause number and court information exactly as it is written on the orders you want to change.)
In the interest of (List children):
1
Name:
Cause No:
2
In the _______
3
4Name:
5 Name:
6 Name: ________
District County Court of:
County, Texas
Original Petition to Modify the Parent-Child Relationship
1. Discovery
The discovery level in this case, if needed, is Level 2.
2. Order to be Modified
I ask the court to change the current Order or Orders listed below: Title of Order
1.
2.
Date signed by Court
/ /
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this case.
4. Children
The following children are the subject of this case.
Child’s name
Sex
Date of Birth
Place of Birth
Current Address
4
5
6
(Check one.)
There has been no significant change to the children’s property.
The following changes have occurred to the children’s property since the Court signed the current orders: ____________________________________________________________
© Texas Partnership for Legal Access –
Modification Petition, July 5, 2011
Texas Family Code, Chapter 156
Page 1 of 8
5.Parties
Petitioner
My name is _________________________________________________________________.
First
Middle
Last
I am the Petitioner, the person asking the Court to change the order or orders listed below.
The last three numbers of my driver’s license number are: ___
___
___. My driver’s license
was issued in (State) ________________________.
or
I do not have a driver’s license number.
The last three numbers of my social security number are: ___
___.
I do not have a social security number
I live at _____________________________________________________________________.
Street Address
City
State
Zip
I am the children’s (Check one.)
Sole Managing Conservator.
Possessory Conservator.
Joint Managing Conservator.
______________________________.
I have standing to bring this suit.
Respondents / People Entitled to Legal Notice
You MUST give legal notice of this case to each person named as a party in the current orders and anyone else whose rights may be affected by this case.
You MUST give legal notice of this case to the Office of the Attorney General, Child Support Division if:
●you are asking to change child support or medical support orders and
●the Office of the Attorney General is named as a party in the current orders or the child or anyone on behalf of the child receives or has received TANF, Food Stamps, or Medicaid.
Respondent A
Respondent A’s name is ____________________________________________________.
(PRINT the Respondent A’s full name)
Respondent A lives at _______________________________________________________.
Respondent A is the children’s (Check one.)
Legal Notice to Respondent A (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent A will sign a Waiver of Service, or voluntarily file an Answer.
I will have a sheriff, constable, or process server give a copy of this Petition to Respondent A
here: ____________________________________________________________________
© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Page 2 of 8
If this is a work address, name of business: ______________________________________
I ask the clerk to issue the citation of service. I understand that I will need to pay the fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Respondent B
Check this box if there is no Respondent B, and skip to number 6.
Respondent B’s name is___________________________________________________.
Respondent B lives at __________________________________________________________.
Respondent is the children’s (Check one.)
Legal Notice to Respondent B (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent B will sign a Waiver of Service, or voluntarily file an Answer.
I will have a sheriff, constable, or process server give a copy of this Petition to Respondent
B here: ___________________________________________________________________
Street AddressCityStateZip
Respondent C
Check this box if there is no Respondent C, and skip to number 6.
Respondent C’s name is: __________________________________________________.
Respondent C lives at: _________________________________________________________.
Legal Notice to Respondent C (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent C will sign a Waiver of Service, or voluntarily file an Answer.
C here: ___________________________________________________________________
Page 3 of 8
6. Information Required if a Party Lives Out-of-State
Everyone involved in this case lives in Texas.
Someone involved in this case (one of the Respondents of me) does not live in Texas. (You must complete and attach Exhibit: Out-of-State Party Affidavit. This is required by Texas Family Code Section 152.209.)
7. Modifications (Changes) Requested
The circumstances of the children, a conservator, or other party affected by the order or orders to be modified have materially and substantially changed since the judge announced the prior order or orders.
The requested modifications are in the best interest of the children.
The requested modifications will change the following parts of the current orders:
7a. Changes to Conservatorship (Custody)
I do not want to change the conservatorship (custody) orders. (If you choose this box, skip to 7b.)
I ask the Court to change the conservatorship (custody) orders as follows:
I ask the Court to change the conservatorship order to name me: (Check one.)
Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent),
Joint Managing Conservator, noncustodial parent, (Co-Parent)
Joint Managing Conservator, with a geographic restriction on where the children’s primary residence will be located and neither parent having the exclusive right to establish the children’s primary residence.
Sole Managing Conservator, (Home-Parent)
Possessory Conservator, (Co-Parent)
and name Respondent: (Check one for each Respondent, if applicable. Circle the Respondent’s letter. )
AB C Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent).
AB C Joint Managing Conservator, noncustodial parent, (Co-Parent).
AB C Joint Managing Conservator, with a geographic restriction on where the children’s primary residence will be located and neither parent having the exclusive right to establish the children’s primary residence.
AB C Sole Managing Conservator, (Home-Parent).
AB C Possessory Conservator (Co-Parent).
Page 4 of 8
(Check one, if applicable.)
I ask the Court to place a geographic restriction on where the children’s primary residence can be located.
I ask the Court to change the geographic restriction on where the children’s primary residence can be located.
I ask the Court to lift the geographic restriction on where the children’s primary residence can be located.
(Check, only if applicable.)
I am asking the Court to change the person who has the exclusive right to designate the children’s primary residence, and it has been less than one year since the order or settlement agreement was signed. (You must complete and attach Exhibit: Petitioner’s Supporting Affidavit for Modification of Home (Custodial) Parent in Less than One Year of Order.)
7b. Changes to Right and Duties (Check one.)
I do not want to change orders regarding parental rights and duties. (Skip to 7c.)
I ask the Court to change orders regarding parental rights and duties to the following:
Mom alone Dad alone Mom and Dad
Either
Other
together
Mom or Dad
person*
1.Make decisions concerning the children’s education
2.Consent to major medical, dental,
and surgical treatment for the child/ren
3.Consent to psychological treatment for the child/ren
4. Consent to a child’s marriage
5.Consent to a child enlisting in the U.S. Armed Forces
6.Manage or control the earnings or services of a child who works
7.Represent the child in a legal action
and make important legal decisions that affect the child
8.Make decisions for the children about their estates if required by
law (unless the child has a guardian ad litem or guardian of the estate)
9. Manage the children’s estates if any were created by the parents’ community or joint property.
Page 5 of 8
* If you checked “Other person,” on the above chart, explain below:
Name of other person: _____________________________________
Relationship to child/ren: ___________________________________
7c. Changes to Possession or Access (Visitation)
I do not want to change possession or access (visitation) orders. (Skip to 7d.)
I ask the Court to change the possession and access orders to the following:
(Check all that apply.)
Standard visitation, with Petitioner (Home-Parent) having possession and access awarded to a parent with the exclusive right to designate the children’s primary residence, and with Respondent A B C (Co-Parent) having possession and access awarded to a non-custodial parent.
Standard visitation, with Respondent A B C (Home-Parent) having possession and access awarded to a parent with the exclusive right to designate the children’s primary residence, and with Petitioner (Co-Parent) having possession and access awarded to a non-custodial parent.
Other (Describe)
Page 6 of 8
7d. Changes to Child Support (Check one.)
I do not want to change child support orders. (Skip to 7e.)
I ask the Court to change the child support orders as follows: (Check all that apply. Circle respondent’s letter)
reducing the amount of child support Petitioner pays each month.
increasing the amount of child support Petitioner pays each month.
reducing the amount of child support Respondent A B C pays each month.
increasing the amount of child support Respondent A B C pays each month.
Other (Describe.)
7e. Changes to Medical Support (Check one.)
I do not want to change medical support orders. (Skip to 8.)
I ask the Court to change the medical support orders as follows: (Check all that apply.)
reducing the amount of medical support Petitioner pays each month.
increasing the amount of medical support Petitioner pays each month.
reducing the amount of medical support Respondent A B C pays each month.
increasing the amount of medical support Respondent A B C pays each month.
ordering Petitioner to provide health insurance.
ordering Respondent A B C to provide health insurance.
Other: (Describe)
Page 7 of 8
8. Children’s Health Insurance.
The children
do
do not have private health insurance in effect.
Private Health Insurance is in effect: (Complete, if the children have private health insurance.)
Name of insurance company: __________________________________________________
Policy number: ______________________________________________________________
Cost of premium: $___________________________________________________________
Name of person who pays for insurance: __________________________________________
The insurance policy
is
is not available through the parent’s work.
Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.)
do not
receive medical assistance through CHIPS or Medicaid.
Cost of premium (if any): $_________________________________________________
Health insurance reasonable cost.
is not available to the person who pays child support at a
9. Information Required By Section 105.006
I will include in the final Order, the social security and driver’s license numbers, current addresses, and phone numbers for each party and child who is subject to this suit, as required by section 105.006 of the Texas Family Code.
I ask the Court’s permission not to disclose the social security and driver’s license numbers, current address, and telephone numbers in the Final Order because providing that information is likely to cause the child or a conservator harassment, abuse, serious harm, or injury.
10. Prayer
I ask that citation and notice issue as required by law and that the Court make the other orders I have asked for in this Petition and any other orders to which I am entitled.
I ask for general relief.
Respectfully submitted,
Petitioner, Pro Se (Sign your name on the line.)
(PRINT your name and information.):
Name:Telephone:
Mailing Address:
Attachment(s) included with this Petition (Check all that apply):
Exhibit Out-of-State Party Affidavit
Exhibit Petitioner’s Supporting Affidavit Modification of Home (Custodial) Parent in Less than One Year of Order
Page 8 of 8
Completing the Texas Petition Modify form is a crucial step in initiating a modification of a parent-child relationship. This form requires careful attention to detail, as it serves as the official request to the court for changes to existing orders. Following the steps below will help ensure that the form is filled out correctly and completely.
Once the form is completed, it is essential to file it with the court and ensure that all necessary parties receive proper legal notice. This step is vital for moving forward with your modification request effectively.
The Texas Petition to Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This can include modifications to custody arrangements, child support, or other related matters. It is essential for ensuring that the best interests of the children involved are prioritized.
Any party who has standing in the case can file a Petition to Modify. This typically includes parents or guardians who have legal rights concerning the children. The petitioner is the individual requesting the modification, while respondents are those who must be notified of the changes.
When filling out the form, you need to provide:
To successfully modify an order, you must demonstrate that there has been a significant change in circumstances affecting the children or the parties involved since the last order was issued. The requested modifications must also be in the best interest of the children.
You must provide legal notice to each respondent named in the current orders. This can be done by either having a sheriff, constable, or process server deliver the petition or by obtaining a waiver of service if you believe the respondent will voluntarily respond. Be sure to include the correct address for service.
If any party involved in the case resides outside of Texas, you must complete and attach an Out-of-State Party Affidavit. This is a requirement under Texas Family Code Section 152.209 to ensure that all parties are properly notified.
Yes, you can request changes to custody arrangements. The form allows you to specify whether you want to change conservatorship, which includes options like becoming a sole managing conservator or a joint managing conservator. It’s important to outline how the changes will benefit the children.
If you wish to modify child support, you must indicate this on the form. You are also required to notify the Office of the Attorney General if they are a party in the current orders or if the child has received public assistance. This ensures that all relevant parties are aware of the changes being requested.
Yes, there is typically a fee associated with filing the Petition to Modify. If you cannot afford the fee, you can file a form to show the court that you are unable to pay. Be sure to inquire about the specific fees and procedures at your local court.
After filing the petition, the court will set a hearing date. All parties involved will be notified of the hearing, where you will present your case for modification. It’s important to prepare your arguments and any supporting evidence to demonstrate why the changes are necessary and in the best interest of the children.
Inaccurate Cause Number and Court Information: Many people mistakenly fill in the cause number and court details incorrectly. It is crucial to copy this information exactly as it appears on the existing orders.
Missing Child Information: Failing to list all children involved in the case can lead to complications. Each child's name, sex, date of birth, and place of birth must be included accurately.
Neglecting to Provide Notice: Some individuals forget to give legal notice to all parties involved. It is essential to notify each person named in the current orders and any other affected parties, including the Office of the Attorney General if child support is being modified.
Inadequate Justification for Changes: People often fail to clearly state the significant changes that warrant a modification. The petition should explain how circumstances have materially changed since the last order was issued.
Incorrect Selection of Conservatorship Type: Choosing the wrong type of conservatorship can cause issues. It is important to carefully select whether to request sole managing conservatorship, joint managing conservatorship, or possessory conservatorship based on the specific situation.
When seeking to modify an existing court order in Texas, it is essential to be aware of various forms and documents that may accompany the Texas Petition to Modify. Each of these documents serves a specific purpose in the modification process, ensuring that all necessary information is provided to the court. Below is a list of commonly used forms that may be required.
Understanding these accompanying documents can significantly streamline the modification process. Each form plays a vital role in ensuring that the court has all the necessary information to make informed decisions regarding the best interests of the children involved. Always consider seeking guidance to navigate these requirements effectively.
The Texas Petition to Modify form shares similarities with the Child Custody Modification Petition. Both documents are used when a parent seeks to change existing custody arrangements. They require the petitioner to demonstrate that there has been a significant change in circumstances since the last order was issued. This change must be substantial enough to warrant a review and potential alteration of custody terms, ensuring that the best interests of the child remain the primary focus.
Another document that aligns closely with the Texas Petition to Modify is the Child Support Modification Request. Like the modification petition, this form is filed when there are changes in the financial situation of either parent, which may affect child support obligations. The requesting party must show how the changes justify a reassessment of the current support amount, ensuring that the child’s needs are adequately met.
The Motion to Enforce is another document that has a similar purpose. This form is used when one party believes that the other is not complying with the existing court orders related to custody, support, or visitation. The petitioner must provide evidence of the non-compliance and request the court's intervention to enforce the original order, thereby protecting the rights and welfare of the children involved.
Additionally, the Petition for Modification of Visitation Rights bears resemblance to the Texas Petition to Modify. This document is specifically focused on changing visitation schedules. It requires the petitioner to show that the current visitation arrangement is not serving the best interests of the child, similar to how the modification petition addresses changes in custody or support.
The Temporary Orders Motion can also be compared to the Texas Petition to Modify. This document is filed when immediate changes are necessary before a final decision is made on a modification petition. It allows a party to request temporary arrangements for custody, support, or visitation while the modification is being considered by the court, ensuring that the children's needs are addressed without delay.
The Suit Affecting the Parent-Child Relationship (SAPCR) is another similar document. This is a broader form that establishes or modifies the legal relationship between a parent and child. While the Texas Petition to Modify focuses on specific changes to existing orders, a SAPCR can initiate or alter custody, support, and visitation arrangements from the beginning, encompassing a wider scope of parental rights and responsibilities.
Finally, the Petition for Enforcement of Child Support can be likened to the Texas Petition to Modify. While the modification petition seeks to change existing support terms, the enforcement petition is filed when a parent is not meeting their child support obligations. It serves to ensure that the financial support mandated by the court is received, thereby safeguarding the child's financial well-being.
When filling out the Texas Petition Modify form, it is crucial to follow certain guidelines to ensure your submission is accurate and effective. Below is a list of dos and don’ts to help you navigate this process.
Taking the time to carefully follow these guidelines can make a significant difference in the outcome of your petition. Remember, attention to detail is key.
Misconceptions about the Texas Petition Modify form can lead to confusion and mistakes in the modification process. Here are nine common misconceptions, along with clarifications:
When filling out the Texas Petition Modify form, it's essential to understand the process and requirements. Here are some key takeaways to keep in mind:
By following these guidelines, you can navigate the process of filling out the Texas Petition Modify form more effectively. Always ensure that you have the correct and complete information to support your case.