The Texas Petition Modify form is a legal document used in the state of Texas to request changes to an existing court order concerning the parent-child relationship. This form encompasses alterations in conservatorship (custody), child support, and other aspects outlined in the initial court order. It includes sections to be filled out about the children involved, the nature of the requested changes, and information on the petitioner and respondent(s).
Ready to modify an existing court order? Fill out the Texas Petition Modify form by clicking the button below.
Navigating the complexities of altering custody or child support arrangements necessitates a carefully structured process, as delineated by the Texas Petition to Modify Parent-Child Relationship form. This crucial legal document provides the structured pathway for petitioners to request amendments to existing child-related orders within Texas courts. Precise identification of the relevant case and the orders under consideration for modification is a pre-requisite, entailing detailed provision of the cause number and the children's details for whom the amendments are sought. Discovery, a vital aspect of the filing process, is established at Level 2, indicating the scope and extent of evidence gathering permissible in the case. The petitioner must clearly articulate the orders they seek to change, alongside a justification rooted in significant circumstantial changes affecting the children or the conservator since the last court decision. The form mandates explicit detail concerning the petitioner, including identifying information and their relationship to the children, to ensure clarity and legality in the proposed adjustments. Additionally, it imposes the requirement to notify all parties impacted by the proposed modifications, including, but not limited to, the respondents in the original orders and potentially the Office of the Attorney General, especially in matters of support amendment. Detailed sections allow the petitioner to specify the nature of the desired changes, whether they pertain to conservatorship arrangements, geographical restrictions, or modifications to the rights and duties associated with parental responsibilities. The document is comprehensive, covering potential scenarios ranging from intra-state to out-of-state party involvements, emphasizing the Texas Family Code's adherence to ensuring that any modifications serve the best interest of the involved children.
(Fill in Cause number and court information exactly as it is written on the orders you want to change.)
In the interest of (List children):
1
Name:
Cause No:
2
In the _______
3
4Name:
5 Name:
6 Name: ________
District County Court of:
County, Texas
Original Petition to Modify the Parent-Child Relationship
1. Discovery
The discovery level in this case, if needed, is Level 2.
2. Order to be Modified
I ask the court to change the current Order or Orders listed below: Title of Order
1.
2.
Date signed by Court
/ /
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this case.
4. Children
The following children are the subject of this case.
Child’s name
Sex
Date of Birth
Place of Birth
Current Address
4
5
6
(Check one.)
There has been no significant change to the children’s property.
The following changes have occurred to the children’s property since the Court signed the current orders: ____________________________________________________________
© Texas Partnership for Legal Access –
Modification Petition, July 5, 2011
Texas Family Code, Chapter 156
Page 1 of 8
5.Parties
Petitioner
My name is _________________________________________________________________.
First
Middle
Last
I am the Petitioner, the person asking the Court to change the order or orders listed below.
The last three numbers of my driver’s license number are: ___
___
___. My driver’s license
was issued in (State) ________________________.
or
I do not have a driver’s license number.
The last three numbers of my social security number are: ___
___.
I do not have a social security number
I live at _____________________________________________________________________.
Street Address
City
State
Zip
I am the children’s (Check one.)
Sole Managing Conservator.
Possessory Conservator.
Joint Managing Conservator.
______________________________.
I have standing to bring this suit.
Respondents / People Entitled to Legal Notice
You MUST give legal notice of this case to each person named as a party in the current orders and anyone else whose rights may be affected by this case.
You MUST give legal notice of this case to the Office of the Attorney General, Child Support Division if:
●you are asking to change child support or medical support orders and
●the Office of the Attorney General is named as a party in the current orders or the child or anyone on behalf of the child receives or has received TANF, Food Stamps, or Medicaid.
Respondent A
Respondent A’s name is ____________________________________________________.
(PRINT the Respondent A’s full name)
Respondent A lives at _______________________________________________________.
Respondent A is the children’s (Check one.)
Legal Notice to Respondent A (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent A will sign a Waiver of Service, or voluntarily file an Answer.
I will have a sheriff, constable, or process server give a copy of this Petition to Respondent A
here: ____________________________________________________________________
© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Page 2 of 8
If this is a work address, name of business: ______________________________________
I ask the clerk to issue the citation of service. I understand that I will need to pay the fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service.
Respondent B
Check this box if there is no Respondent B, and skip to number 6.
Respondent B’s name is___________________________________________________.
Respondent B lives at __________________________________________________________.
Respondent is the children’s (Check one.)
Legal Notice to Respondent B (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent B will sign a Waiver of Service, or voluntarily file an Answer.
I will have a sheriff, constable, or process server give a copy of this Petition to Respondent
B here: ___________________________________________________________________
Street AddressCityStateZip
Respondent C
Check this box if there is no Respondent C, and skip to number 6.
Respondent C’s name is: __________________________________________________.
Respondent C lives at: _________________________________________________________.
Legal Notice to Respondent C (Check one.)
Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think Respondent C will sign a Waiver of Service, or voluntarily file an Answer.
C here: ___________________________________________________________________
Page 3 of 8
6. Information Required if a Party Lives Out-of-State
Everyone involved in this case lives in Texas.
Someone involved in this case (one of the Respondents of me) does not live in Texas. (You must complete and attach Exhibit: Out-of-State Party Affidavit. This is required by Texas Family Code Section 152.209.)
7. Modifications (Changes) Requested
The circumstances of the children, a conservator, or other party affected by the order or orders to be modified have materially and substantially changed since the judge announced the prior order or orders.
The requested modifications are in the best interest of the children.
The requested modifications will change the following parts of the current orders:
7a. Changes to Conservatorship (Custody)
I do not want to change the conservatorship (custody) orders. (If you choose this box, skip to 7b.)
I ask the Court to change the conservatorship (custody) orders as follows:
I ask the Court to change the conservatorship order to name me: (Check one.)
Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent),
Joint Managing Conservator, noncustodial parent, (Co-Parent)
Joint Managing Conservator, with a geographic restriction on where the children’s primary residence will be located and neither parent having the exclusive right to establish the children’s primary residence.
Sole Managing Conservator, (Home-Parent)
Possessory Conservator, (Co-Parent)
and name Respondent: (Check one for each Respondent, if applicable. Circle the Respondent’s letter. )
AB C Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent).
AB C Joint Managing Conservator, noncustodial parent, (Co-Parent).
AB C Joint Managing Conservator, with a geographic restriction on where the children’s primary residence will be located and neither parent having the exclusive right to establish the children’s primary residence.
AB C Sole Managing Conservator, (Home-Parent).
AB C Possessory Conservator (Co-Parent).
Page 4 of 8
(Check one, if applicable.)
I ask the Court to place a geographic restriction on where the children’s primary residence can be located.
I ask the Court to change the geographic restriction on where the children’s primary residence can be located.
I ask the Court to lift the geographic restriction on where the children’s primary residence can be located.
(Check, only if applicable.)
I am asking the Court to change the person who has the exclusive right to designate the children’s primary residence, and it has been less than one year since the order or settlement agreement was signed. (You must complete and attach Exhibit: Petitioner’s Supporting Affidavit for Modification of Home (Custodial) Parent in Less than One Year of Order.)
7b. Changes to Right and Duties (Check one.)
I do not want to change orders regarding parental rights and duties. (Skip to 7c.)
I ask the Court to change orders regarding parental rights and duties to the following:
Mom alone Dad alone Mom and Dad
Either
Other
together
Mom or Dad
person*
1.Make decisions concerning the children’s education
2.Consent to major medical, dental,
and surgical treatment for the child/ren
3.Consent to psychological treatment for the child/ren
4. Consent to a child’s marriage
5.Consent to a child enlisting in the U.S. Armed Forces
6.Manage or control the earnings or services of a child who works
7.Represent the child in a legal action
and make important legal decisions that affect the child
8.Make decisions for the children about their estates if required by
law (unless the child has a guardian ad litem or guardian of the estate)
9. Manage the children’s estates if any were created by the parents’ community or joint property.
Page 5 of 8
* If you checked “Other person,” on the above chart, explain below:
Name of other person: _____________________________________
Relationship to child/ren: ___________________________________
7c. Changes to Possession or Access (Visitation)
I do not want to change possession or access (visitation) orders. (Skip to 7d.)
I ask the Court to change the possession and access orders to the following:
(Check all that apply.)
Standard visitation, with Petitioner (Home-Parent) having possession and access awarded to a parent with the exclusive right to designate the children’s primary residence, and with Respondent A B C (Co-Parent) having possession and access awarded to a non-custodial parent.
Standard visitation, with Respondent A B C (Home-Parent) having possession and access awarded to a parent with the exclusive right to designate the children’s primary residence, and with Petitioner (Co-Parent) having possession and access awarded to a non-custodial parent.
Other (Describe)
Page 6 of 8
7d. Changes to Child Support (Check one.)
I do not want to change child support orders. (Skip to 7e.)
I ask the Court to change the child support orders as follows: (Check all that apply. Circle respondent’s letter)
reducing the amount of child support Petitioner pays each month.
increasing the amount of child support Petitioner pays each month.
reducing the amount of child support Respondent A B C pays each month.
increasing the amount of child support Respondent A B C pays each month.
Other (Describe.)
7e. Changes to Medical Support (Check one.)
I do not want to change medical support orders. (Skip to 8.)
I ask the Court to change the medical support orders as follows: (Check all that apply.)
reducing the amount of medical support Petitioner pays each month.
increasing the amount of medical support Petitioner pays each month.
reducing the amount of medical support Respondent A B C pays each month.
increasing the amount of medical support Respondent A B C pays each month.
ordering Petitioner to provide health insurance.
ordering Respondent A B C to provide health insurance.
Other: (Describe)
Page 7 of 8
8. Children’s Health Insurance.
The children
do
do not have private health insurance in effect.
Private Health Insurance is in effect: (Complete, if the children have private health insurance.)
Name of insurance company: __________________________________________________
Policy number: ______________________________________________________________
Cost of premium: $___________________________________________________________
Name of person who pays for insurance: __________________________________________
The insurance policy
is
is not available through the parent’s work.
Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.)
do not
receive medical assistance through CHIPS or Medicaid.
Cost of premium (if any): $_________________________________________________
Health insurance reasonable cost.
is not available to the person who pays child support at a
9. Information Required By Section 105.006
I will include in the final Order, the social security and driver’s license numbers, current addresses, and phone numbers for each party and child who is subject to this suit, as required by section 105.006 of the Texas Family Code.
I ask the Court’s permission not to disclose the social security and driver’s license numbers, current address, and telephone numbers in the Final Order because providing that information is likely to cause the child or a conservator harassment, abuse, serious harm, or injury.
10. Prayer
I ask that citation and notice issue as required by law and that the Court make the other orders I have asked for in this Petition and any other orders to which I am entitled.
I ask for general relief.
Respectfully submitted,
Petitioner, Pro Se (Sign your name on the line.)
(PRINT your name and information.):
Name:Telephone:
Mailing Address:
Attachment(s) included with this Petition (Check all that apply):
Exhibit Out-of-State Party Affidavit
Exhibit Petitioner’s Supporting Affidavit Modification of Home (Custodial) Parent in Less than One Year of Order
Page 8 of 8
Filling out the Texas Petition to Modify the Parent-Child Relationship can seem like a daunting task, but breaking it down step by step can make the process much more manageable. This form is necessary when seeking a change to a current order regarding the parent-child relationship. It's important to fill it out completely and accurately to avoid delays. Here's a step-by-step guide on how to approach this document.
After completing the form with all the necessary details, review it carefully to ensure accuracy and completeness. Missing or incorrect information can lead to delays or other complications. Once finalized, submit the form to the appropriate Texas court along with any required filing fees or waivers for those unable to pay. Submitting this petition is the first step in the process of modifying the parent-child relationship order, leading to a hearing where the court will consider the requested changes.
This petition is a legal document used to request changes to an existing court order regarding the custody, support, or visitation arrangements for a child. It's typically filed in situations where there have been significant changes in the circumstances of the child, a conservator, or another party affected by the order.
You can file a Petition to Modify when there's been a material and substantial change in the circumstances of the child, a conservator (a person granted custody or management of a child's affairs), or another party affected by the existing order. Additionally, you can file if at least one year has passed since the last order regarding conservatorship was signed, unless you can provide an affidavit that the child's present environment may endanger the child's physical health or significantly impair the child's emotional development.
Legal notices must be provided to each person named as a party in the current orders and to anyone else whose rights may be affected by the case. This includes the Office of the Attorney General, Child Support Division if you are asking for changes to child or medical support orders and they are named in the current orders or if the child receives certain types of public assistance.
The court evaluates whether there has been a material and substantial change in circumstances since the last order was issued and if the proposed modifications are in the best interest of the children. Considerations may include the children's physical and emotional needs, any potential harm or benefit to the children, and any other factor the court deems relevant.
Examples include significant changes in the living situation, income, or marital status of a conservator; a conservator's incarceration; a child's medical needs; relocation of a conservator; or evidence of harm or potential harm to a child.
After filing, the court may require a hearing where both parties can present evidence supporting their positions. Before the hearing, the parties may be required to attend mediation to try and reach an agreement. If the parties cannot agree, the court will make a decision based on the evidence presented.
Filling out the Texas Petition to Modify the Parent-Child Relationship form is an important process that requires attention to detail. However, several common mistakes can occur during this process. Understanding these mistakes can help ensure the form is filled out accurately, improving the chances for a favorable outcome. Here are seven common mistakes:
When preparing the Texas Petition to Modify, attention to every detail is essential. Avoiding these mistakes not only smoothens the legal process but also helps in presenting a clear and concise case to the court. Taking time to carefully review the form before submission can greatly contribute to the success of your case.
When individuals in Texas seek to modify a parent-child relationship, the Texas Petition to Modify form is essential. However, navigating through the intricacies of family law involves several other documents. Understanding the function and importance of each form used alongside the Petition to Modify can provide clarity and guidance through the complex process of modification.
These documents, when used together with the Texas Petition to Modify form, establish a pathway for altering a parent-child relationship in accordance with the law. Each serves a crucial role in ensuring that any modifications made are in the best interest of the child or children involved, providing a comprehensive framework for the modification process.
The Texas Petition to Modify Parent-Child Relationship form shares similarities with the Initial Custody Petition. Both documents initiate a legal process concerning the welfare and custody arrangements of children within a family law context. They outline the current status of custody, request changes, and list relevant personal details about the children and parties involved. Each form serves as a formal request for the court's intervention to adjust previous orders, reflecting changes in circumstances or addressing issues that have arisen since the last court order was established.
Comparable to the Motion to Modify Child Support, the Texas Petition form also seeks changes to existing legal orders. While the Motion to Modify Child Support specifically targets financial aspects of child support arrangements, both documents are used to request the court to reassess and alter current orders due to significant changes in circumstances, such as income, living situations, or the needs of the children involved. These legal documents are crucial in ensuring that child support reflects the current financial realities faced by the parties.
Another document that bears resemblance is the Motion for Change of Custody. Both this motion and the Texas Petition to Modify involve requests to alter legal custody arrangements. They necessitate a demonstration of substantial changes in conditions that justify the need for modification, prioritizing the best interest of the children. Each document requires detailed information about the children, the current custody arrangement, and the reasons for seeking a modification, aiming to persuade the court of the necessity for change.
The Petition for Modification of Parenting Time is also similar to the Texas Petition form. Both are employed when a party seeks to modify the legal arrangements regarding how much time children spend with each parent. These modifications may involve changes to visitation schedules or conditions under which visitation occurs, always with the children's best interests as the guiding principle. Including specifics about the current arrangement and the desired changes is mandatory for both documents.
The Complaint for Modification parallels the Texas Petition in its function to formally request a reevaluation and adjustment of existing court orders, whether they concern custody, visitation, or child support. Filed in court, both documents kickstart the legal process towards reassessing the terms based on new evidence or circumstances. Critical information about the parties involved, the original orders, and the reasons behind the requested changes must be clearly outlined.
Similar to the Application for Contempt, which seeks enforcement of court orders due to non-compliance, the Texas Petition to Modify indirectly addresses situations where current arrangements may no longer be feasible or in the children's best interest, necessitating judicial intervention. While the Application for Contempt focuses on enforcing existing orders, both documents demonstrate the legal system's adaptability to changing familial or individual circumstances that affect previous court decisions.
The Request for Emergency Custody Order shares a sense of urgency with the Texas Petition form when substantial and immediate changes in a child's living situation necessitate swift court action to protect the child's well-being. Although the emergency request focuses on immediate and temporary changes due to acute circumstances, both documents serve the crucial function of seeking judicial intervention for the sake of the children's safety and welfare.
Just like the Declaration in Support of Modification, the Texas Petition includes detailed statements and potentially evidence that supports the request for modification, highlighting significant changes in circumstances or new information that was not available at the time of the original order. This declaration is integral to both documents, providing the court with a rationale for why a change is necessary and how it serves the children's best interests.
Lastly, the Notice of Motion to Modify parallels the Texas Petition form in its procedural role within the legal system. It notifies the court and other parties of the intent to seek modifications to existing orders. This document marks the beginning of the legal process for modifications, laying out the foundation for what changes are being requested and on what grounds. The necessity for such modifications stems from the evolution of family dynamics and circumstances that inherently affect previous court orders.
When you're filling out the Texas Petition to Modify the Parent-Child Relationship form, it's vital to get things right. Here are four helpful dos and don'ts to guide you through the process.
Many individuals approach the Texas Petition to Modify the Parent-Child Relationship form with preconceived notions that may not accurately reflect the legal process or the form's requirements. Here are nine common misconceptions about this form:
Understanding these misconceptions can help individuals approach the modification process with realistic expectations and better prepare them to navigate the legal system effectively.
When dealing with the Texas Petition to Modify the Parent-Child Relationship, it's essential to grasp the specifics and nuances to ensure a smooth process. Here are key points you should be mindful of:
Always remember to consult with a legal professional for guidance tailored to your specific situation, as the process and requirements can vary based on individual circumstances.
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