The Texas Petition to Modify form is a document used when an individual seeks to change current court orders pertaining to the parent-child relationship. This may include adjustments to custody, support orders, or the child's residence, reflecting significant changes in circumstances since the last order was issued. To ensure the well-being of the involved children, the form must be filled out with attention to detail and an understanding of its implications.
Notice: The document contains sensitive data, requiring accurate completion of cause numbers, court information, and personal details as per existing orders. It lays out a structured process for petitioning changes, from jurisdiction and discovery to notifying respondents and outlining requested modifications.
For individuals navigating the complexities of modifying court orders in Texas, accurately filling out the Texas Petition to Modify form is critical. Click the button below to start the process of filling out the form.
In Texas, when a parent or guardian seeks to change an existing court order regarding the parent-child relationship, the Texas Petition to Modify form is the legal document that initiates this process. This comprehensive form serves as a request to the court, outlining the petitioner's desire for amendments in custody, support, or other aspects affecting the child. It meticulously captures sensitive data including, but not limited to, the identity and details of the children involved, the specifics of the existing order(s) to be changed, and the legal jurisdiction under which the petition falls. Furthermore, the form requires disclosure of any material and substantial changes in circumstances that justify the requested modifications, ensuring that the court's decisions continue to serve the best interests of the child. It also addresses the necessities of giving legal notice to other parties entitled to be heard, including, in specific circumstances, the Office of the Attorney General, Child Support Division. By systematically outlining the method for altering conservatorship, parental rights and duties, and addressing the need for geographically restricting the child's residence, the Texas Petition to Modify form plays a crucial role in adapting legal arrangements to reflect changes in the lives of children and families.
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 Parent-Child Relationship form is a legal process that requires attention to detail and understanding of one's specific circumstances. The form is designed to facilitate requests to the court for changes to current orders relating to custody, support, visitation, or other aspects of the parent-child relationship. Accuracy and completeness in filling out this form are crucial, as it forms the basis of the legal case for modification.
Here are the steps needed to fill out the form:
After completing the form, review it for accuracy. It's advisable to consult with a legal professional to ensure all information is correct and that you understand the process that follows the submission of your petition, including serving legal notice to all required parties and the potential for a court hearing. Once the form is submitted, be prepared for the next steps as advised by your lawyer or the court's instructions.
The Texas Petition to Modify form is a legal document used to request changes to an existing court order concerning the parent-child relationship. This could involve adjustments to custodial arrangements, visitation schedules, child support, or other aspects related to the welfare of the children involved. The form initiates the legal process by which these modifications can be considered and potentially approved by a court.
Individuals who have a legally recognized interest in the welfare of the child or children, such as parents or legal guardians, typically file this form. The petitioner must show that they have "standing," meaning a sufficient connection to and interest in the child's welfare, to request changes to the court's orders.
Typically, you can file for a modification if there has been a "material and substantial change" in the circumstances of the child, a conservator, or other party affected by the order since the last order was established. Additionally, the petitioner must demonstrate that the proposed changes would be in the best interest of the child.
Legal notice must be given to all parties affected by the modification request, typically through personal service. This means delivering a copy of the petition to the other party directly, either by a sheriff, constable, process server, or sometimes by certified mail, depending on the court's requirements. In some cases, if the other party agrees, they may sign a Waiver of Service, acknowledging receipt of the petition without formal service.
Changes to custody arrangements, visitation schedules, child support amount, medical support, or any other provisions that affect the welfare of the child can be requested. The form allows for detailed requests, including geographic restrictions on residence, changes to rights and duties concerning the child, and modifications to support obligations.
Yes, if the court finds it to be in the best interest of the child, and there has been a material and substantial change in circumstances. The petitioner must provide specific reasons and, in some cases, supporting evidence, to justify why changing the custodial parent would benefit the child.
If one of the parties involved in the case lives outside Texas, additional steps may be required to comply with the Texas Family Code and ensure the out-of-state party receives proper legal notice. This might include completing an Out-of-State Party Affidavit.
Yes, modifications to child or medical support can be requested through this form, especially if there has been a significant change in the financial circumstances of either parent, or the needs of the child have changed. These requests must be detailed in the petition, and may require additional documentation to support.
After the petition is filed and the other party is served, the case will proceed through the legal system. This might involve mediation, court hearings, or a trial, depending on the complexity of the case and the willingness of the parties to reach an agreement. The judge will ultimately decide whether to grant the requested modifications based on the evidence and arguments presented.
When individuals set out to fill the Texas Petition To Modify form, errors can disrupt the process, potentially complicating or delaying the desired changes. Below is an expanded list of six common mistakes to avoid:
Incorrect or Incomplete Identification of Parties: Failing to precisely match the cause number and court information to those specified on the original orders can lead to the petition being dismissed or delayed.
Misidentifying the Order to be Modified: Not clearly listing the title and the date signed by the court for every order that one seeks to change can result in confusion or incomplete modifications.
Insufficient Jurisdiction Claim: The petitioner must affirm that the court has continuing, exclusive jurisdiction over the case. Overlooking this affirmation weakens the legal standing of the petition.
Failure to Adequately Describe Changes: If changes to the children’s property or living arrangements have occurred since the last order, these must be thoroughly documented. Vague descriptions can hinder the court's ability to assess the situation accurately.
Errors in Reporting Party Information: Whether it is inaccurately listing the names and addresses of respondents or failing to acknowledge the Office of the Attorney General's involvement in child support modifications, inaccuracies here can lead to procedural delays or notifications not reaching relevant parties.
Neglecting to Detail Modifications: A critical component of the petition involves specifying the requested modifications, such as changes in conservatorship, geographic restrictions, or rights and duties concerning the children. Lack of specificity in these requests can diminish the chances of achieving the desired outcome.
In sum, attention to detail and accuracy in filling out the Texas Petition To Modify form are paramount. Adhering to the instructions and providing comprehensive and precise information will streamline the process, helping to ensure that the petition is processed efficiently and effectively.
When individuals in Texas seek to amend the terms of an existing court order regarding the parent-child relationship, they often utilize the Texas Petition to Modify form as a primary document. This form initiates the legal process to request changes to custody, visitation, child support, or other elements outlined in the original court order. However, this form is just one component of a suite of documents that could be needed to navigate the modification process effectively. Understanding the supplementary forms and documents that may be required is essential for a comprehensive approach to seeking modifications.
These documents, when appropriately completed and submitted alongside the Texas Petition to Modify, provide a comprehensive legal framework to ensure that the request for modification is clearly understood and processed by the courts. Each form plays a crucial role in articulating the specifics of the requested changes, substantiating the reasons for such modifications, and complying with the procedural requirements set forth by Texas law. As the circumstances of each case vary significantly, individuals might find it beneficial to seek legal advice to determine the exact forms required for their unique situation, ensuring a thorough and accurate approach to modifying a parent-child court order.
The Texas Petition to Modify the Parent-Child Relationship has key similarities with the Original Petition for Divorce. Both documents are initialized by a petitioner seeking a legal change through the court system. Each form necessitates detailed information about the parties involved, including current living arrangements and the specific changes the petitioner desires. They ensure the protection of involved parties' rights and aim to promote the best interests, particularly of any children involved. The modification petition focuses on adjusting existing orders related to children, whereas the divorce petition may establish such orders for the first time.
Similar to the Modification Petition is the Suit Affecting the Parent-Child Relationship (SAPCR). This document, like the modification petition, requires specific details about children, parties involved, and the nature of the requested legal change. Both documents are governed by the Texas Family Code and are crucial for establishing or modifying orders that impact conservatorship, child support, and access or visitation rights. The modification petition seeks changes to already decided matters, while the SAPCR might be the first legal recognition of these issues.
The Motion to Modify Child Support mirrors the Texas Petition to Modify in its purpose to alter existing legal orders. This motion specifically targets changes in child support obligations, prompted by significant changes in circumstances. Both documents necessitate providing evidence of a substantial and material change to justify the requested modification. Additionally, they both aim to serve the child’s best interests by ensuring financial support arrangements reflect current conditions and capabilities of the parties.
Lastly, the Petition for Enforcement bears resemblance to the modification petition in its procedural purpose, which is to ask the court to address issues with existing court orders. While the Petition for Enforcement seeks to compel compliance with an order, the modification petition requests altering those orders. Both are essential tools within the Texas Family Code that parties can utilize when there are issues with the adherence to, or the practicality of, the current orders given the evolved circumstances or needs of the child.
When preparing to fill out the Texas Petition to Modify Parent-Child Relationship form, it is crucial to approach the task with diligence and accuracy to ensure your request is considered valid. Below are nine essential dos and don'ts:
Following these guidelines carefully can increase the likelihood of your Petition to Modify being processed smoothly and achieving a favorable outcome for the involved children.
There are several common misconceptions about the Texas Petition to Modify form that individuals often encounter. Dispelling these myths is crucial for anyone considering making modifications to a court order related to the parent-child relationship in Texas.
The form is only for adjusting child support. One common misconception is that the petition is solely used to modify child support payments. While updating child support is a significant use of the form, it also addresses changes to conservatorship (custody), visitation rights, and the rights and duties of each parent concerning the child's welfare.
Filing the form guarantees changes will be approved. Merely submitting a Texas Petition to Modify does not ensure that the requested changes will be granted. The court must be convinced that a substantial and material change in circumstances has occurred since the original order and that the proposed modifications are in the child's best interests.
Legal representation is not necessary. While it is possible to proceed without an attorney, navigating the complexities of family law and ensuring the petition is properly presented can be challenging. Professional legal counsel can significantly increase the chances of achieving a favorable outcome.
Any change qualifies for a modification. The court only considers modifications for material and substantial changes in circumstances. Minor adjustments or dissatisfaction with the current arrangement are not sufficient grounds for a modification request.
Modifications can be requested at any time. Although true to some extent, specific types of modifications, especially those affecting conservatorship, have timing restrictions. For example, changing the designated primary residence of the child within a year of the last order requires specific evidence and justification.
The process is quick and straightforward. Depending on the complexity of the case and the level of agreement or dispute between parties, the modification process can be lengthy and involve multiple court appearances. Additionally, proper notice to all affected parties and possibly a trial is required.
Only parents can file for modification. Texas law allows others with standing, such as certain relatives or individuals with significant involvement in the child's life, to file a petition to modify under specific circumstances. This broader approach recognizes the diverse family dynamics and the importance of a child's welfare.
Jurisdiction is automatic if you live in Texas. For a Texas court to have jurisdiction to modify an order, specific criteria related to the child's residence or the presence of parties in Texas must be met. It's not merely enough that the petitioner resides in Texas.
Understanding these misconceptions about the Texas Petition to Modify form is vital for anyone considering making legal adjustments to their current family law orders. When in doubt, consulting with a legal professional can provide clarity and guidance tailored to an individual's unique circumstances.
Filling out and using the Texas Petition to Modify the Parent-Child Relationship form is an important step for parents or guardians looking to change an existing court order related to child custody or responsibilities. Here are eight key takeaways to help guide you through the process:
Successfully modifying a parent-child relationship order requires careful attention to detail and adherence to legal procedures. By following these guidelines and consulting with legal counsel if necessary, you can navigate the process with confidence and clarity.
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