The Texas Petition To Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. It allows individuals to formally present their case to the court when significant changes in circumstances occur, affecting the welfare of the children involved. If you need to modify a court order, consider filling out this form by clicking the button below.
When navigating the complexities of family law in Texas, the Texas Petition To Modify form serves as a crucial tool for parents seeking to alter existing court orders regarding their children. This form is specifically designed to request modifications to the parent-child relationship, whether it pertains to custody arrangements, child support, or other important matters affecting the welfare of the children involved. It requires the petitioner to provide detailed information, including the names and birth dates of the children, the current orders that are to be modified, and the reasons for the requested changes. Additionally, it outlines the legal obligations for notifying all parties involved, ensuring that everyone affected by the modification is properly informed. The form also addresses the jurisdiction of the court and the necessity of demonstrating that significant changes have occurred since the original orders were issued. By carefully filling out this form, parents can advocate for adjustments that reflect the current realities of their family situation, always keeping the best interests of their children at the forefront.
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
(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
Date signed by Court
1.
/
2.
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, February 2014
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 Respondent A, 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: ____________________________________________________________________
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 Respondent B 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 AddressCityState Zip
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 Respondent C 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 or 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).
(Check one, if applicable.)
Page 4 of 8
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:
M om alone Dad alone M om and Dad
Either
Other
together
M om 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
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
increasing the amount of medical support Respondent A
B C
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:
Email Address:
Petitioner’s Fax #
(if available):
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
Filling out the Texas Petition to Modify form requires careful attention to detail. Each section must be completed accurately to ensure that the court can process your request effectively. After submitting the completed form, the next steps involve serving notice to the relevant parties and potentially attending a court hearing to discuss the modifications you are requesting.
The Texas Petition to Modify form is a legal document used to request changes to existing court orders related to the parent-child relationship. This form is typically utilized when there have been significant changes in circumstances affecting the children or the parties involved since the original order was issued.
Any party with legal standing, such as a parent or guardian, can file a Petition to Modify. The petitioner must demonstrate that they have the right to request changes based on their relationship to the children and the existing court orders.
The petition can request various modifications, including:
The petitioner must provide evidence showing that a material and substantial change has occurred since the last order. This could include changes in living situations, employment status, or the needs of the children. The modifications must also be in the best interest of the children.
Legal notice must be given to all parties named in the existing orders and anyone else whose rights may be affected. This includes filing the petition with the court and ensuring that each party receives a copy, either through personal service or by obtaining a waiver of service.
Once the petition is filed, the court will schedule a hearing. Both the petitioner and the respondents will have the opportunity to present evidence and arguments. The court will then decide whether to grant the requested modifications based on the information presented.
Yes, there is typically a filing fee associated with submitting the Petition to Modify. If the petitioner cannot afford the fee, they may file a request to waive the fee by providing proof of their financial situation.
Yes, modifications to the petition can be made before the court hearing. However, any changes should be communicated clearly to the court and all parties involved to ensure that everyone is informed of the updates.
If any party involved in the case lives outside of Texas, the petitioner must complete and attach an Out-of-State Party Affidavit. This is required to comply with Texas Family Code provisions regarding jurisdiction and service of process.
Incorrect Cause Number and Court Information: Individuals often fail to fill in the cause number and court information exactly as it appears on the existing orders. This can lead to delays or rejections of the petition.
Omitting Child Information: Some people neglect to list all children involved in the case. Each child’s name must be clearly stated to ensure the court recognizes all parties affected by the modification.
Inaccurate Dates: Failing to provide accurate dates for the orders being modified can create confusion. Each title of the order must be accompanied by the correct date signed by the court.
Failure to State Changes: Individuals sometimes do not specify the significant changes that have occurred since the original orders. It is essential to detail these changes to justify the modification request.
Missing Legal Notice: Some petitioners forget to provide legal notice to all necessary parties. This includes other conservators and the Office of the Attorney General when applicable.
Inaccurate Party Information: Incorrectly filling out the names and addresses of respondents can lead to complications. Each respondent's information must be accurate and complete.
Ignoring Out-of-State Requirements: If any party lives out of state, individuals often overlook the need to complete and attach the Out-of-State Party Affidavit. This is a crucial requirement under Texas law.
Not Checking Conservatorship Options: Some individuals fail to select the appropriate conservatorship options. It is important to indicate whether changes to custody arrangements are being requested.
Neglecting to Attach Required Exhibits: Individuals sometimes forget to attach necessary supporting documents, such as affidavits for modifications. This oversight can result in a denial of the petition.
When filing a Texas Petition to Modify, there are several additional documents that may be required or beneficial to accompany the petition. Each of these documents serves a specific purpose in the modification process and can help clarify the circumstances surrounding the request. Below is a list of some commonly used forms and documents.
Each of these documents plays a crucial role in the modification process, ensuring that the court has all necessary information to make informed decisions. It is important to carefully consider which documents are applicable to your situation when preparing your petition.
The Texas Petition to Modify form is similar to the Child Support Modification Petition. Both documents are used when a party seeks to change existing court orders related to child support. The Child Support Modification Petition specifically addresses changes in financial circumstances, such as income or employment status, that affect the ability to pay or receive child support. Just like the Texas Petition to Modify, it requires details about the children involved and the reasons for requesting the modification.
Another related document is the Petition for Termination of Parental Rights. This form is used when a party seeks to completely end a parent's legal rights to their child. While the Texas Petition to Modify focuses on changing existing arrangements, the Termination Petition involves a more drastic legal action. Both documents require detailed information about the children and the parties involved, but the stakes are significantly higher in a termination case.
The Suit Affecting the Parent-Child Relationship (SAPCR) is also similar. This document establishes or modifies the legal relationship between parents and children. Like the Texas Petition to Modify, it can address custody, visitation, and support issues. However, the SAPCR is often used for initial filings, while the Texas Petition to Modify is specifically for changes to existing orders.
The Motion to Enforce is another document that shares similarities. This form is used when one party believes that the other has not complied with a court order. While the Texas Petition to Modify seeks to change an order, the Motion to Enforce aims to ensure that the current orders are followed. Both documents require a clear presentation of facts and circumstances surrounding the case.
The Motion for Contempt is related as well. This document is filed when a party believes another party has willfully disobeyed a court order. Like the Texas Petition to Modify, it involves the court's authority to enforce its orders. However, the focus here is on the violation of existing orders rather than requesting changes to them.
The Affidavit of Indigency is another relevant document. This form is used to request a waiver of court fees based on financial hardship. While it does not directly modify any orders, it can accompany the Texas Petition to Modify if the petitioner cannot afford the fees associated with filing. Both documents require the disclosure of financial information to the court.
The Motion to Change Venue is similar as well. This document is filed when a party believes that the case should be heard in a different court location. While it does not directly modify custody or support orders, it can be part of a broader strategy to change existing arrangements. Both documents involve legal procedures that impact how a case is handled.
Lastly, the Joint Motion to Modify is relevant. This document is used when both parents agree on changes to existing orders. Like the Texas Petition to Modify, it seeks to alter custody or support arrangements, but it emphasizes cooperation between the parties. Both forms require the same basic information about the children and the requested changes, but the Joint Motion highlights a mutual agreement rather than a unilateral request.
When filling out the Texas Petition To Modify form, consider these essential guidelines:
Avoid these common mistakes:
Misconceptions about the Texas Petition to Modify form can lead to confusion. Here are four common misunderstandings:
Understanding these points can help clarify the process and ensure that you are well-prepared for your case.
Key Takeaways for Filling Out and Using the Texas Petition To Modify Form: