The Texas Petition To Modify form is a crucial document for those seeking to change existing court orders concerning the parent-child relationship, including custody, visitation, and child support. It requires the petitioner to provide sensitive data and detailed information about the changes they are advocating for, ensuring the court has a comprehensive understanding of the situation. Filling out this form accurately is the first step toward making desired modifications, and for guidance or further actions, click the button below.
In the dynamic landscape of family law, the Texas Petition to Modify the Parent-Child Relationship form stands out as a critical instrument for parents seeking adjustments to custody, support, or other orders affecting their children. It starts with a stern notice highlighting the sensitivity of the data involved and meticulously guides the petitioner through each step, beginning with filling out essential identifiers like the cause number and court information to ensure alignment with the existing orders they wish to change. The form touches on various key areas, such as discovery, jurisdiction, the children's details, and the parties involved, emphasizing the need for clear and accurate information. It specifies how to provide legal notice to respondents, reflecting the process's seriousness and the need for procedural correctness. There's also a section dedicated to out-of-state parties, acknowledging the complexities that arise when individuals connected to the case reside outside Texas. Notably, the form delves into the crux of modification requests, ranging from changes in conservatorship (custody) to adjustments in parental rights and duties, signifying the breadth of circumstances under which modifications may be sought. The comprehensive approach taken in this document underlines the intricate nature of family law and the paramount importance of focusing on the best interests of the children involved.
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 a Texas Petition to Modify form requires attention to detail and a clear understanding of what changes are being requested. This stage in the legal process marks the beginning of a formal appeal to alter court orders related to the parent-child relationship, be it custody arrangements, child support, or other orders affecting a child's welfare. By following the steps closely, petitioners can ensure their request is clear and complete, leading toward a smoother legal process. Here are the steps to fill out the form accurately.
After meticulously completing these steps, ensure that all the information provided is accurate and truthful. The completed form, along with any required attachments, will then need to be filed with the court clerk. Remember, the modifications requested should always reflect the best interest of the children involved. From there, the legal process will proceed to the next stages, which could include a court hearing, mediation, or further documentation, depending on the case's complexity and specific circumstances.
The Texas Petition To Modify form is a legal document used to request changes to an existing order regarding the parent-child relationship. This could involve adjustments to custody arrangements, child support, visitation rights, or other elements outlined in a prior court order. The form serves as an official request for the court to reconsider and alter the terms based on new evidence or changing circumstances.
A person may need to use the Texas Petition to Modify form when there have been significant changes in the situation or conditions affecting a child or one of the conservators (parents or guardians) that warrant a review and possible modification of existing orders. Such changes could include relocation, a change in employment that affects income and ability to pay child support, a change in the child's health or well-being, or a shift in the parent's ability to care for the child.
Modifications that can be requested include, but are not limited to:
All individuals entitled to legal notice include:
To prove changes in circumstances, the petitioner must provide substantial evidence of the material and substantial changes since the last order was issued. This may include financial statements, medical records, communications between the parties, affidavits, and other documentation that supports the claim that a modification is in the child's best interest.
If one of the parties involved in the modification case does not reside in Texas, the petitioner is required to complete an Exhibit: Out-of-State Party Affidavit. This document is necessary for the court to establish jurisdiction over the out-of-state party and must detail why Texas is an appropriate venue for the case.
After filing the Petition to Modify, the following steps occur:
Filling out the Texas Petition to Modify form is a crucial step in amending a parent-child relationship order within the Texas legal system. However, errors can easily be made during this process. Understanding these mistakes can help avoid common pitfalls and ensure the petition is processed efficiently and accurately.
Not Providing Complete Information for Every Section: Each field and checkbox on the form is designed to collect specific information required by the court. Omitting details, especially in critical areas like the children's current address or the specific orders to be modified, can delay the process or lead to a denial of the modification request.
Incorrect Cause Number and Court Information: It's essential to enter the cause number and court information exactly as they appear on the orders you seek to change. This ensures that the petition is correctly associated with the existing case, preventing unnecessary confusion or misfiling.
Failure to List All Affected Parties: For the petition to be considered, legal notice must be given to each person named as a party in the current orders and anyone else whose rights may be affected. Neglecting to include all necessary respondents can result in the petition being incomplete or dismissed.
Lack of Clarity on Modifications Sought: The form requires detailed information on the specific changes being requested, including updates to conservatorship, rights, and duties. Being vague or incomplete in describing these requested modifications can hinder the court's ability to understand and grant the requested changes.
Improper Service of Legal Notice: Proper legal notice must be given to all parties affected by the petition. This involves choosing the correct method of service and ensuring that all steps are followed as prescribed by the law. Failing to correctly serve the petition can invalidate the entire process.
Avoiding these errors can greatly influence the outcome of the petition to modify. Taking the time to review and ensure accuracy in every part of the petition is crucial for a successful modification process.
When it comes to legal documentation, particularly in family law, one form often leads to another, creating a cascade of required paperwork to adequately address the complexities of each case. The Texas Petition to Modify the Parent-Child Relationship is a prime example of a document that, while crucial on its own, usually necessitates additional forms to fully articulate the needs and wishes of the parties involved. Below is a list of forms and documents frequently used in conjunction with the Texas Petition to Modify.
The intertwining of these documents with the Texas Petition to Modify form reflects the legal system’s comprehensive approach to family law cases. It ensures that every aspect of the child’s well-being and parental responsibilities is thoroughly considered and documented. While navigating through these forms can seem daunting, they provide a structured path towards achieving a resolution that serves the best interest of the child and respects the rights of both parents.
The Texas Petition to Modify the Parent-Child Relationship form shares similarities with the Original Petition for Divorce document. Both documents are used in family law settings and require detailed information about the parties involved, including children's names, birthdates, and residency. They serve to alter legal standings within a family structure, with the Petition to Modify focusing on adjustments post-finalization of the initial order, such as custody arrangements, while the Original Petition for Divorce initiates the process of dissolving a marriage and addresses similar concerns from the outset.
Another document resembling the Texas Petition to Modify is the Suit Affecting the Parent-Child Relationship (SAPCR). This document, like the Petition to Modify, addresses issues involving children within the legal system, particularly focusing on establishing or altering custody, support, and visitation arrangements. Both documents necessitate comprehensive information about the children and the reasons changes to existing orders are sought, emphasizing the court's jurisdiction and the necessity of serving notice to all affected parties.
The Child Support Modification form, similarly to the Texas Petition to Modify, is utilized to request changes to an existing child support order. Both require detailed justification for why the modification is in the child's best interest, reflecting changes in circumstances since the last court order. They both underscore the need for judicial consent to enact any modifications, demonstrating a legal pathway through which financial responsibilities towards children can be adjusted.
The Change of Custody form shares its goal with the Texas Petition to Modify, where the primary aim is to alter current custody arrangements documented by the court. Each form must detail the existing orders and explain why a change is necessary, including any material and substantial circumstances that have shifted. Both necessitate an analysis of children’s best interests and involve detailed identification of all parties with legal rights concerning the child.
The Modification of Visitation Rights form, akin to the Texas Petition to Modify, serves to modify legally established visitation schedules or conditions. It requires similar documentation of the original orders, rationalizing the need for change based on new or evolved circumstances. Both forms engage the legal system to ensure that any alterations serve the children’s welfare and necessitate judicial review and approval.
Similar to the Texas Petitioner to Modify, the Petition for Enforcement is employed when court-sanctioned agreements, like custody or support, are not adhered to by one party. Though the intent differs—with the former aiming to change orders due to evolved circumstances and the latter seeking to enforce compliance—both underline the court’s role in mandating and modifying legal relationships and responsibilities within families.
The Request for Termination of Parental Rights form, while distinct in purpose from the Texas Petition to Modify, involves complex familial legal proceedings that may indirectly affect custody and support arrangements. It seeks to legally end the relationship between a parent and child, necessitating thorough consideration of the child's best interests, much like modifications to existing orders require a detailed justification for the proposed changes.
The Declaration of Paternity form is used to establish the legal father of a child, which can have direct implications on custody, visitation, and support orders—areas also covered by the Texas Petition to Modify. While one establishes paternal relationships and their legal consequences, the other may seek to modify those consequences as circumstances change. Both play crucial roles in defining and redefining parental rights and responsibilities through the legal system.
Filling out the Texas Petition To Modify Parent-Child Relationship form is a serious step in seeking changes to custody, visitation, or child support. It's essential to approach this process thoughtfully and accurately, given its implications on your family's future. Here are some key dos and don'ts to guide you through the process:
Completing the Texas Petition To Modify form represents a significant step towards adjusting parenting arrangements to better suit your children's needs. Taking the time to fill it out correctly and thoughtfully is crucial. Always remember, the primary focus is the well-being and best interests of the children involved.
When considering the process of modifying parent-child relationship orders in Texas, many misconceptions can arise. Being informed about these misunderstanding can lead to better preparedness when navigating legal pathways.
Understanding these nuances within the Texas Petition To Modify process is crucial for parents looking to alter their current orders. Every situation is unique, and what applies in one scenario may not apply in another.
When filling out the Texas Petition to Modify the Parent-Child Relationship form, it is essential to approach the process with meticulous care, ensuring that all provided information is accurate and reflective of the requested changes. Below are key takeaways regarding the preparation and utilization of this form:
In conclusion, careful attention to detail, adherence to procedural requirements, and a clear understanding of the legal standards and documentation involved are paramount when utilizing the Texas Petition to Modify form to ensure that the best interests of the child or children are adequately represented and protected.
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