The Texas Petition Modify form is a document used within the state's legal system to request changes to existing court orders pertaining to the parent-child relationship. This includes modifications regarding custody, child support, parental rights, and duties, among other aspects, when there has been a substantial change in circumstances. It is crucial for individuals seeking to make such amendments to fill out this form accurately, stating the cause number, court information, and specific changes being requested. For those looking to adjust the details of their court orders in Texas, filling out the form correctly is the first step.
To start the process and learn more about how to fill out the Texas Petition Modify form, click the button below.
In the unfolding landscape of family law within Texas, the Petition to Modify the Parent-Child Relationship form stands as a vital document for those seeking amendments to court orders pertaining to their children. This comprehensive form, updated in July 2011 by the Texas Partnership for Legal Access, encapsulates the procedural essence for initiating changes to existing orders, touching on diverse aspects such as discovery, jurisdiction, and modifications requested. The form is meticulously structured, beginning with precise instructions on filling in crucial details like the cause number and court information, mirroring the orders subject to revision. It ventures further into specifying the children involved, thereby ensuring the alterations sought align with their best interests. A significant part of the document is dedicated to outlining the changes sought regarding conservatorship or custody arrangements, showcasing an array of options from altering the primary residence to adjusting geographical restrictions. Additionally, the form addresses parental rights and duties, enabling a parent to propose adjustments to decision-making responsibilities concerning the child's education, medical treatments, and even legal representation. The necessity for legal notice to be served to other parties involved, including any potential respondents or the Office of the Attorney General under certain conditions, underscores the form's comprehensive approach to procedural fairness and compliance with the Texas Family Code, Chapter 156. This attention to formality ensures that all parties' rights and obligations are considered in the process of seeking a modification to the parent-child relationship order.
(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
Filing out the Texas Petition to Modify the Parent-Child Relationship form requires careful attention to detail. This document is crucial for anyone seeking to change existing court orders regarding children, such as custody arrangements, visitation schedules, or child support. The form outlines the petitioner's requests for modifications and provides the court with necessary information about the parties involved, the children, and the desired changes. To help ensure your petition is filed accurately and effectively, follow these step-by-step instructions.
After filling out the form, the next step involves filing it with the court and serving the respondents with a copy of the petition, as outlined in the document. This legal process can be complex, and the outcomes significantly impact the lives of those involved. The court will review the petition and supporting documentation to determine if the requested modifications are warranted and in the best interests of the child(ren). It is advisable to consult with a legal professional who can guide you through this process, ensure your rights are protected, and help achieve an outcome that benefits the child(ren).
The Texas Petition to Modify the Parent-Child Relationship is a legal document used to request changes to a previous court order concerning conservatorship (custody), child support, medical support, or the terms of visitation. This petition allows a party to seek modifications based on significant changes in circumstances since the last order was issued. The document requires detailed information about the children involved, the current orders and the specific changes being requested, as well as information about the parties to whom legal notice of the petition must be given.
To be eligible to file a Texas Petition to Modify, you must demonstrate that there has been a material and substantial change in circumstances since the last court order was issued. This could involve changes related to the children, a conservator, or any other party affected by the order. Additionally, the court must have continuing, exclusive jurisdiction over the case. Examples of changes might include relocation, changes in the health of the child or a parent, significant changes in income, or concerns about the child's well-being.
Serving legal notice involves informing the other party (or parties) involved in the case about the petition to modify the court order. This can be done in several ways:
Through the Texas Petition to Modify the Parent-Child Relationship, several types of modifications can be requested, including changes to:
When filling out the Texas Petition to Modify the Parent-Child Relationship form, it is crucial to avoid common mistakes that can delay or negatively affect the process. Here are six common errors individuals often make:
Understanding and meticulously addressing these areas in the Texas Petition to Modify form is crucial for a smooth legal process, aiming to serve the best interests of the children and families involved.
When you're navigating through the legal process of modifying a parent-child relationship in Texas, the Texas Petition to Modify form is your starting point. However, to complete the process thoroughly and effectively, other supporting documents and forms are often needed. These materials can ensure that your case is presented comprehensively to the court, addressing all necessary legal and personal considerations.
Gathering and properly preparing these documents can be a meticulous process, requiring attention to detail and an understanding of legal protocols. By ensuring that all relevant forms are accurately completed and filed, you stand a better chance of achieving a favorable outcome in your petition to modify the parent-child relationship in Texas. Remember, though the pursuit of such modifications can be challenging, these documents are all pieces of a larger puzzle designed to protect and promote the best interest of the child or children involved.
The Original Petition for Divorce shares similarities with the Texas Petition to Modify Parent-Child Relationship, particularly in its structure and purpose regarding changes in family dynamics. Both forms begin by identifying the parties involved and their relationships to each other, followed by the legal grounds upon which the petition is being filed. In divorce documents, the focus is on dissolving the marriage and addressing the division of assets, child custody, and support, whereas the modification petition specifically seeks to alter existing court orders related to children—showcasing how both cater to family law matters while serving different ends within that spectrum.
SAPCR (Suit Affecting the Parent-Child Relationship) documents closely resemble the Texas Petition to Modify in their focus on the well-being and custodial arrangements of children within Texas. SAPCR forms are utilized to establish, define, or modify legal relationships between parents and children, including custody determinations and support obligations. The Modification Petition, on the other hand, assumes that such relationships and responsibilities have already been established and seeks adjustments to these existing orders. This similarity underlines the core focus of both documents: ensuring the decisions made serve the best interests of the involved children.
The Child Custody Order fits in the same category as the modification petition, as both involve legal stipulations regarding the upbringing and welfare of minor children. A Child Custody Order outlines who has the legal rights and responsibilities towards the children, including where they live and who makes important decisions in their lives. The modification form, meanwhile, is a tool to request changes to such an order, based on significant changes in circumstances, demonstrating their interconnectedness in maintaining or altering the custodial landscape.
Child Support Modification forms, like the Texas Petition to Modify, are essential in seeking adjustments to financial support arrangements. While the Modification Petition can encompass a variety of changes, including those related to custody or conservatorship, child support modification forms are specifically designed to adjust financial obligations as necessitated by changes in income, the needs of the child, or other significant factors. Both documents are driven by the principle that orders may need revisiting to reflect current conditions and ensure fairness and adequacy of support.
Protective Orders, although distinct in their primary aim of protection from abuse or harassment, share with the modification petition the underlying thread of addressing significant changes in familial circumstances. Protective orders seek to prevent further abuse by legally restricting contact between the abuser and the victims, which can involve stipulations related to child custody and residence in a manner that indirectly modifies previous court orders for the safety of children and abused parties.
The Enforcement Order, while being a tool to compel compliance with court orders, indirectly aligns with the Texas Petition to Modify's objective of addressing non-compliance or changes in circumstances. It is used when a party fails to adhere to the terms of an existing order regarding matters such as visitation, child support, or custody, necessitating legal intervention to enforce those terms. The necessity of either document underscores the dynamic nature of family law, where court orders must sometimes be adjusted or enforced to reflect the real-world conditions faced by families.
The Notice of Change of Address form, required when a party involved in a family law case moves, shares a procedural alignment with the Modification Petition, as both deal with the necessity of updating legal records and orders to reflect current realities. While the Change of Address form does not alter substantive rights or obligations, it, alongside the modification petition, ensures that legal documents accurately represent the current situations of the parties involved, enabling proper communication and enforcement of court orders.
When filling out the Texas Petition to Modify the Parent-Child Relationship form, it’s important to tread carefully to ensure that the document accurately reflects your intentions and complies with legal standards. Below, you’ll find a guide listing things you should and shouldn't do during this process.
By following these guidelines, you can help ensure that your petition proceeds smoothly through the legal system and accurately represents your desires for modifying the parent-child relationship in Texas.
When seeking to modify a parent-child relationship in Texas, the "Original Petition to Modify the Parent-Child Relationship" form is essential. However, there are several misconceptions about this process and the form itself that need to be clarified:
This is not the case, as the completed form is just the beginning of a legal process that may involve court hearings and further documentation.
In reality, modifying child support requires proving a significant change in circumstances, and the court must approve any changes.
Changes to custody are determined by the court based on what is in the best interest of the child, not solely on the petition.
Other individuals with standing, such as stepparents or grandparents, may also file under certain conditions.
Legal notice must be given to all affected parties, including the other parent and possibly the Office of the Attorney General if child support is being modified.
While personal service is common, other methods like waiver of service or service by publication exist if the respondent's location is unknown.
Financial documentation is often necessary to demonstrate a change in circumstances justifying a modification to support orders.
If all parties have moved out of Texas, or to another county within Texas, jurisdiction may change subject to certain conditions.
While the form indicates a discovery level, this part of the process is crucial for gathering evidence to support the petition.
Even if both parties agree to the terms of the modification, court approval is needed to alter any order officially.
Understanding these misconceptions is vital for anyone looking to modify a parent-child relationship through the Texas legal system. It is always advisable to seek legal guidance to navigate the complexities of family law effectively.
When preparing to fill out and submit the Texas Petition to Modify the Parent-Child Relationship form, it's essential to keep the following key takeaways in mind to ensure the process is completed accurately and efficiently:
Accurately completing and submitting the Texas Petition to Modify form is a significant step toward adjusting the terms of a parent-child relationship legally. It's important to carefully review and provide thorough information to support your petition for modification.
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