The Texas Petition To Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This form allows individuals to outline specific modifications they seek, whether related to custody, conservatorship, or parental rights. To begin the process of modifying an order, please fill out the form by clicking the button below.
When filling out the Texas Petition To Modify form, there are important actions to take and avoid. Here are five key points to consider:
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
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When filing a Texas Petition to Modify, several additional forms and documents may be necessary to ensure a smooth process. Each of these documents serves a specific purpose and helps provide the court with the information it needs to make informed decisions. Below is a list of commonly used forms along with a brief description of each.
Understanding these additional forms can help streamline the modification process. Each document plays a critical role in ensuring that all parties are informed and that the court has the necessary information to make a fair decision regarding the petition.
Filling out the Texas Petition to Modify form can be a daunting task, and many individuals make mistakes that could delay their case. One common error is failing to include the correct cause number and court information. This information must match exactly with the existing orders you wish to change. Omitting or miswriting this data can lead to confusion and potential dismissal of your petition.
Another frequent mistake is not listing all the children involved in the case. Each child's name, date of birth, and current address must be included. Incomplete information can result in the court not fully understanding the context of your request, which could affect the outcome.
Many people also neglect to provide adequate details about the modifications they are requesting. Simply stating that changes are needed is not enough. It is essential to clearly outline the specific changes you are asking the court to make, including any adjustments to conservatorship or parental rights.
Failing to check the appropriate boxes regarding conservatorship can create issues as well. If you do not clearly indicate whether you are seeking to change custody arrangements, the court may not take your request seriously. Additionally, it is vital to specify the roles of each respondent in relation to the children.
Another common pitfall is the lack of proper legal notice to all parties involved. You must notify each person named in the current orders and anyone else whose rights might be affected by your petition. Failing to do so can lead to delays or even dismissal of your case.
Some individuals forget to include their contact information accurately. Providing incorrect addresses or omitting important details can hinder communication with the court and other parties. It is crucial to ensure that all contact information is up-to-date and correct.
Additionally, many people do not understand the importance of including the Office of the Attorney General in their notice if child support or medical support is involved. This oversight can complicate matters significantly, especially if the Attorney General is already a party in the current orders.
Another mistake is failing to check whether any parties involved live out of state. If a party does reside outside Texas, you must complete and attach the Out-of-State Party Affidavit. Neglecting this requirement can lead to legal complications.
Finally, individuals often overlook the need to attach supporting documents when necessary. For example, if you are asking for changes within one year of the original order, specific affidavits must accompany your petition. Without these documents, your request may be denied outright.
By being aware of these common mistakes, you can better prepare your petition and improve your chances of a favorable outcome. Attention to detail is crucial, and taking the time to carefully review your submission can save you from unnecessary complications.
Understanding the Texas Petition To Modify form can be challenging, and several misconceptions often arise. Here are nine common misunderstandings, along with clarifications to help navigate this process more effectively.
In reality, it is crucial to include the exact cause number and court information as they appear on the original orders. This ensures that the court can accurately identify the case being modified.
Not every change qualifies. The petition must demonstrate a significant change in circumstances that materially affects the children’s welfare since the last order was issued.
Legal notice is mandatory. Each party named in the current orders, as well as anyone whose rights may be affected, must receive proper notice of the petition.
While individuals can represent themselves, having legal guidance can be beneficial. A lawyer can help ensure that the petition is completed accurately and effectively.
It is essential to clearly outline the specific modifications being requested. Vague requests may lead to confusion or rejection by the court.
Courts do not automatically approve modification requests. They evaluate each case individually, considering the best interests of the children involved.
Different modifications, such as changes to custody or child support, may require different forms or additional documentation. It is important to use the correct form for the specific type of modification sought.
A valid reason must be provided, demonstrating how the changes are in the best interest of the children. The court needs to understand why the modification is necessary.
The process can be lengthy and may involve hearings. It is important to be prepared for potential delays and to follow all court procedures diligently.
By addressing these misconceptions, individuals can approach the Texas Petition To Modify form with a clearer understanding, ultimately leading to a more effective and informed process.
Always fill in the cause number and court information exactly as it appears on the existing orders you wish to modify. This ensures that your petition is properly linked to the relevant case.
Provide accurate details for all children involved in the case. Include their names, dates of birth, and current addresses to help the court understand the context of your request.
Make sure to notify all relevant parties about the petition. This includes anyone named in the current orders and the Office of the Attorney General if child support or medical support changes are involved.
Clearly state the changes you are requesting in the petition. Explain how circumstances have changed and why these modifications are in the best interest of the children.
After completing the Texas Petition to Modify form, you will need to submit it to the appropriate court. Ensure that you have provided all necessary information and that it is accurate. This will help facilitate the process and address your concerns effectively.