The Texas Petition To Modify form serves as a formal request to change existing court orders regarding the parent-child relationship. Typically initiated due to significant changes in circumstances, this legal document seeks adjustments to conservatorship, child support, or other aspects as outlined under the Texas Family Code, Chapter 156. For those looking to amend current court orders to better reflect the changing needs of their family, completing and submitting this form is a critical step.
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Understanding the Texas Petition to Modify the Parent-Child Relationship form is crucial for anyone seeking to change a court's prior order concerning custody, support, or other issues related to their children in Texas. This document, as underscored by its title, contains sensitive data requiring careful and accurate completion, beginning with the filling in of the cause number and court information exactly as it appears on the orders subject to modification. The petitioner is guided through a structured process, indicating their relationship to the children involved and explaining the necessity for modification due to significant changes in circumstances or the best interest of the children. The form touches on various critical elements, including discovery, the specificity of the order to be modified, jurisdictional assertions, and detailed identification of all parties involved. It delineates the process for notifying respondents, which may include parties from the order being modified or the Office of the Attorney General, Child Support Division, under certain conditions. Furthermore, the form allows for the discussion of modifications requested concerning conservatorship (custody), rights, and duties, showcasing the petitioner's requests and the ideal outcomes they wish the court to consider. By meticulously completing the form, petitioners articulate the changes sought, grounding their request in the shifted dynamics of the parent-child relationship since the last court order, aiming to secure a resolution that aligns with the children's current needs and best interests.
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 involves a series of steps that, when done correctly, ensure your request is processed smoothly. Typically, this document is used when there are changes needed in custody, support, or any other aspects covered under the initial court order concerning child and parent relationships. The goal is to have the court review and, if deemed appropriate, modify the existing orders to suit the best interests of the children involved. Let's go through the steps required to complete this form.
Ensure all sections applicable to your situation are completed fully and accurately. Double-check details for accuracy and completeness. Once filled out, review the instructions provided on the form regarding the submission process, including any fees, accompanying documentation, and how to serve notice to other parties involved in the case. It's crucial that this form is submitted correctly to facilitate the smooth processing of your petition to modify the parent-child relationship.
What is the purpose of the Texas Petition to Modify the Parent-Child Relationship form?
The Texas Petition to Modify the Parent-Child Relationship form is used to request changes to a court order concerning custody, support, or other aspects involving a child's care. These modifications can be requested when circumstances have materially and substantially changed since the original order was made. This form helps ensure that the child's best interests are met according to the current situation of the parties involved.
Who can file a Texas Petition to Modify the Parent-Child Relationship?
Any party designated as a conservator in the original court order, or an individual who has been significantly involved in the child's life and believes modifications are necessary for the child's well-being, is eligible to file this petition. It's crucial that the petitioner can demonstrate a substantial and material change in circumstances that necessitates a modification for the best interest of the child.
How do you serve legal notice to the other party after filing the petition?
After filing the petition, the petitioner must provide legal notice to all other parties affected by the case. This can include sending a copy of the petition via a sheriff, constable, or process server, or, if applicable, by obtaining a signed waiver of service from the respondent. This ensures that all parties have adequate information and time to respond to the petition. The specific method of service may vary based on the preferences or the situation of the respondent and the requirements of the court.
What kind of changes can be requested with this form?
Changes that can be requested using this form include, but are not limited to, adjustments to conservatorship (custody), parental rights and duties, child support, and the geographic location restrictions on the child's residence. The proposed modifications must be in the best interest of the child and reflect a significant change in circumstances since the last order was issued.
What if a party or the child lives outside of Texas?
If a party involved in the modification case, including a respondent or the petitioner, resides outside of Texas, additional documentation is required. Specifically, the Out-of-State Party Affidavit must be completed and attached to the petition. This affidavit is necessary under Texas Family Code Section 152.209 and ensures the court has all relevant information to properly exercise its jurisdiction over the case.
Filing out the Texas Petition to Modify form can be a complex process, and mistakes are common but can lead to delays and complications. One of the first mistakes people make is not filling in the cause number and court information accurately as it appears on the orders they wish to change. This basic information is crucial for linking the modification request to the correct case, ensuring that the court can properly identify and process the petition.
Another common mistake involves the section on the children involved in the case. Petitioners often fail to list all the children’s names accurately or fail to provide the full and correct details regarding their dates and places of birth. These details are essential to ensure that the court understands exactly who the modification petition concerns and to avoid any confusion with cases involving children of similar names or ages.
In addition, errors in specifying the discovery level needed for the case, if any, can impede the process. The form mentions that Level 2 is the default discovery level for modification cases, yet petitioners sometimes overlook this section. Understanding and choosing the appropriate discovery level helps both parties prepare for the case by clarifying what information and documentation will be required.
When it comes to detailing the order to be modified, petitioners often fail to clearly state which parts of the current orders they wish to change and why. This includes inaccuracies in listing the title of the order and the date it was signed by the court. Without this information, the court may not be able to locate the existing order or understand what changes are being requested, leading to potential delays.
A significant mistake made in the parties section of the form is not providing accurate personal information, including the last three digits of the driver’s license or social security number. This information helps to identify the petitioner correctly, reducing the risk of mixing up cases or parties within the legal system.
Failing to give proper legal notice to respondents is another area where mistakes are prone. The form requires specific details on how respondents will be notified about the case, including addresses and the method of service. Incorrect or incomplete information about how respondents are notified can lead to delays if the court is unable to proceed without proof that all parties are aware of the modification petition.
Additionally, petitioners sometimes overlook the need to specify changes to the children’s property since the court signed the current orders. This oversight can lead to complications, especially if there have been significant changes that could affect the court’s decision on the modification request.
Requesting modifications without adequately proving a material and substantial change in circumstances since the last order is a common pitfall. The form requires petitioners to explain how circumstances have changed, justifying the need for modification. Failing to provide this justification can result in the petition being dismissed.
Lastly, a critical mistake is not attaching necessary exhibits or supplemental forms when requesting certain changes, such as altering the custodial parent within a year of the last order or when an involved party lives out-of-state. These attachments are crucial for providing the court with all the necessary information to understand and rule on the modification request.
When dealing with the Texas Petition to Modify the Parent-Child Relationship, several additional forms and documents often play crucial roles throughout the process. These auxiliary materials ensure that the petition is comprehensive, that all legal requirements are met, and that the process moves forward smoothly. Below is a list and description of key documents typically used alongside the Texas Petition to Modify form.
These documents, used in conjunction with the Texas Petition to Modify form, create a clear picture of the requested changes and the circumstances warranting such modifications. They help streamline the process, ensuring that all necessary information is provided and that legal procedures are correctly followed. Each serves a unique purpose in aiding the court to make informed decisions that are in the best interests of the children involved.
The "Original Petition for Divorce" form shares similarities with the Texas Petition To Modify form, primarily due to their functions within family law. Both forms require detailed information about the parties involved, including names, addresses, and the presence of any children. They serve as formal requests to the court to change an existing legal setup—be it dissolving a marriage or altering custody arrangements. Both documents necessitate comprehensive disclosures regarding the children’s welfare and outline any requested changes to parental responsibilities or visitation rights, ensuring the court grasps the full scope of the requested modifications for the best interests of the children.
Another document resembling the Texas Petition to Modify form is the "Motion to Modify Child Support." This motion, much like the petition, requests the court to reassess and change a previously issued order—focusing, in this instance, on child support payments. It requires the filer to demonstrate a substantial change in circumstances that justifies modifying the original order. Similarities include the need for both parties’ personal information, the use of the document to initiate changes to existing agreements, and a direct concern with the financial aspects of child-rearing post-separation or divorce.
The "Petition to Establish Paternity" also mirrors aspects of the Texas Petition to Modify form, particularly in its objective to address and legally ascertain the parenting aspects concerning a child or children. Though its primary purpose is to establish legal fatherhood, it involves court intervention in the parental relationship and can lead to subsequent orders regarding custody, support, and visitation. Both documents involve legal notice to respondents and require detailed personal information, including the children's names and residences, to ensure all parties' rights are considered.
The "Application for Protective Order" form shares conceptual and procedural similarities with the Texas Petition to Modify form. Both seek to modify or establish new terms in existing relationships through legal intervention, necessitating detailed information about the parties, and often involving concerns over the safety and well-being of children. While the Protective Order specifically addresses issues of safety and seeks to prevent harm, both forms function as critical tools in safeguarding individuals' rights and establishing legal boundaries within familial or intimate relationships.
Lastly, the "Name Change Petition" for a minor in Texas bears resemblance to the Petition to Modify form in that it requests legal modification of a current status, focusing on the child’s identity. Both forms necessitate court approval for changes affecting a child’s legal and personal status and require comprehensive identification information. They underline the court’s role in authorizing changes that significantly impact a child’s life, ensuring such modifications serve the child’s best interests.
When filling out the Texas Petition to Modify form, it's crucial to proceed with care and attention to detail. This form is used to request changes to existing court orders regarding the parent-child relationship, including custody, visitation, and child support arrangements. Here are seven dos and don'ts to keep in mind:
Following these guidelines will help ensure that your petition is completed correctly and increases the likelihood of a smooth modification process.
When dealing with the Texas Petition To Modify form, several misconceptions can arise due to its complex nature and the emotional circumstances under which it is often filed. Clarifying these misconceptions can help individuals navigate their legal journey with a clearer understanding.
Many believe that any small change in circumstances justifies filing a modification petition. However, the law requires that the change be "material and substantial." This means significant changes that impact the child's or children's well-being or a parent's ability to care for the child, such as relocation, a change in job hours that significantly affects availability, or a significant change in health status.
Another common misconception is that modification petitions are strictly the realm of biological parents. In reality, any individual with court-recognized standing can file for modifications. This includes guardians, conservators, or any individual who has been granted a significant role in the child's life by the court, provided their relationship with the child meets the legal requirements set out by Texas law.
Many individuals assume that adjusting child support amounts is a simple process that can be done quickly through a modification petition. In reality, to modify child support, there must be evidence of a material and substantial change in circumstances such as a significant increase or decrease in either parent's income, or a change in the child's medical insurance or living expenses. The process requires thorough documentation and, in many cases, legal arguments in court.
There's a belief that once a Petition To Modify is filed, the requested changes take effect immediately. This is not the case. Until the court hears the case and issues a new order, the existing orders remain in effect. It's crucial for petitioners to continue following the current orders to avoid legal trouble, emphasizing the importance of the judicial process in legally altering custody or support arrangements.
Some individuals filing for custody modifications believe that the court will automatically side with them, especially if they consider their cause justified. However, the court's primary concern is the best interest of the child or children involved. This means that the judge will evaluate all circumstances, including the desires of the children (if of a certain age), the relationship of the children with each parent, and the stability offered by each parent, before making a decision. The outcome may not always align with the petitioner's wishes if the court deems another arrangement better serves the child's needs.
When navigating through the Texas Petition To Modify Parent-Child Relationship form, it’s essential to comprehend its purpose and the required steps for a successful petition. Here are key takeaways that will guide individuals through the process:
Understanding these aspects of the Texas Petition To Modify Parent-Child Relationship form is crucial for anyone seeking to alter a previously issued court order. This knowledge ensures that the petition is not only completed accurately but also increases the likelihood of achieving the desired outcome. Remember, legal documents can impact the well-being of all parties involved, particularly children; hence, approaching this process with thoroughness and care is imperative.
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