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Blank Texas Petition Modify Form

The Texas Petition Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This form is essential for parents seeking to modify custody, support, or other related matters concerning their children. Completing this form accurately is crucial to ensure that the court can properly address the requested changes.

Outline

The Texas Petition Modify form serves as a vital tool for individuals seeking to alter existing court orders related to the parent-child relationship. This form is structured to ensure that all necessary information is clearly presented to the court, facilitating a smoother modification process. Key components include the identification of the children involved, the specific orders that are being requested for modification, and the details regarding the parties involved in the case. It is essential to fill in the cause number and court information accurately, as these details directly relate to the orders intended for change. The form also addresses the discovery level applicable to the case, outlines the jurisdiction of the court, and requires the petitioner to declare their relationship to the children. Furthermore, it emphasizes the importance of providing legal notice to all relevant parties, ensuring that their rights are considered. The petitioner must specify any significant changes that have occurred since the original orders were signed, as these changes must support the request for modification. Additionally, the form allows for adjustments to conservatorship arrangements, parental rights, and duties, making it a comprehensive document for those navigating the complexities of family law in Texas.

Sample - Texas Petition Modify Form

(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	Name:
2	Name:	In the _______
3	Name:	In the _______
3	Name:

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

/ /

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

(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: ___		___	___.
or	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 _______________________________________________________.

Street Address	City	State	Zip
Respondent A is the children’s (Check one.)
Sole Managing Conservator.	Joint Managing Conservator.
Possessory Conservator.	______________________________.

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: ____________________________________________________________________

Street Address

City

State

Zip

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	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 __________________________________________________________.

Street Address	City	State	Zip
Respondent is the children’s (Check one.)
Sole Managing Conservator.	Joint Managing Conservator.
Possessory Conservator.	______________________________.

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

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 C

Check this box if there is no Respondent C, and skip to number 6.

Respondent C’s name is: __________________________________________________.

Respondent C lives at: _________________________________________________________.

Street Address	City	State	Zip
Respondent is the children’s (Check one.)
Sole Managing Conservator.	Joint Managing Conservator.
Possessory Conservator.	______________________________.

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.

I will have a sheriff, constable, or process server give a copy of this Petition to Respondent

C here: ___________________________________________________________________

Street AddressCityStateZip

If this is a work address, name of business: ______________________________________

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	Page 3 of 8

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.

6. Information Required if a Party Lives Out-of-State

(Check one.)

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)

(Check one.)

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).

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	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.

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	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)

(Check one.)

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)

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	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)

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	Page 7 of 8

8. Children’s Health Insurance.

The children

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 not available through the parent’s work.

Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.)

The children

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

(Check one.)

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

© Texas Partnership for Legal Access – Modification Petition, June 27, 2011
Texas Family Code, Chapter 156	Page 8 of 8

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Form Information

Fact Name	Description
Governing Law	The Texas Petition Modify form is governed by the Texas Family Code, Chapter 156.
Discovery Level	The discovery level for cases involving this form is Level 2.
Jurisdiction	This court maintains continuing, exclusive jurisdiction over the case.
Legal Notice Requirement	Legal notice must be provided to all parties named in the current orders.
Modification Criteria	Modifications must be in the best interest of the children and based on significant changes in circumstances.

Detailed Guide for Filling Out Texas Petition Modify

Once you have completed the Texas Petition Modify form, you will need to file it with the appropriate court. Ensure that you provide all necessary information and signatures. After filing, you must notify all parties involved as required by law.

Fill in the Cause number and court information exactly as it appears on the existing orders you wish to change.
List the names of the children involved in the case.
Indicate the district and county where the court is located.
State the discovery level as Level 2.
Identify the orders to be modified by listing their titles and the dates they were signed by the court.
Confirm the jurisdiction of the court over this case.
Provide details about the children, including their names, sex, date of birth, place of birth, and current address.
Check the appropriate box regarding any significant changes to the children’s property since the last court order.
Fill in your personal information as the Petitioner, including your full name, driver’s license number (or indicate if you do not have one), social security number (or indicate if you do not have one), and your address.
Indicate your relationship to the children by checking the appropriate box (Sole Managing Conservator, Possessory Conservator, or Joint Managing Conservator).
List the Respondents who need to be notified of this case. Start with Respondent A, providing their full name and address.
Decide how to serve Respondent A. Choose whether to send a sheriff or constable or if you believe they will sign a Waiver of Service.
If applicable, repeat the process for Respondent B and Respondent C, filling in their details and service preferences.
Check if everyone involved in the case lives in Texas or if someone lives out-of-state, and complete the necessary exhibit if required.
List the modifications you are requesting, including changes to conservatorship and parental rights and duties.
Sign and date the form at the bottom.

Obtain Answers on Texas Petition Modify

What is the purpose of the Texas Petition Modify form?

The Texas Petition Modify form is used to request changes to existing court orders related to the parent-child relationship. This may include modifications to custody arrangements, child support, or other parental rights and responsibilities. The aim is to ensure that the modifications reflect the current needs and best interests of the children involved.
Who can file a Petition to Modify?

Any parent or legal guardian who has standing can file a Petition to Modify. This includes individuals who are designated as Sole Managing Conservators, Joint Managing Conservators, or Possessory Conservators. It is essential that the petitioner demonstrates a valid reason for the modification, such as a significant change in circumstances.
What information is required to complete the form?

The form requires several pieces of information, including:
- The cause number and court information from the original orders.
- The names and details of the children involved.
- Details about the current orders you wish to modify.
- Your personal information, including your name, address, and relationship to the children.
- Information about the respondents and how they will be notified of the petition.
What constitutes a significant change in circumstances?

A significant change in circumstances can include a variety of factors such as changes in employment, relocation, changes in the child's needs, or changes in the ability of a parent to provide care. The court will evaluate these changes to determine if they warrant a modification of the existing orders.
Do I need to notify the other parent or parties involved?

Yes, you must provide legal notice to all parties named in the current orders, including the other parent. If you are requesting changes to child support or medical support, you must also notify the Office of the Attorney General if they are involved in the current orders.
What if one of the respondents lives out of state?

If one of the parties involved lives out of state, you will need to complete and attach an Out-of-State Party Affidavit. This is a requirement under Texas Family Code Section 152.209, ensuring that the court has jurisdiction over the case.
What types of modifications can I request?

You can request various modifications, including:
- Changes to custody arrangements.
- Alterations to parental rights and responsibilities.
- Changes to child support obligations.
- Geographic restrictions regarding the children's primary residence.
Is there a fee associated with filing the petition?

Yes, there is typically a filing fee associated with submitting the petition. If you are unable to pay the fee, you may file a form to demonstrate your financial situation and request a waiver of the fee.
How long does it take for the court to process the modification?

The time it takes for the court to process a modification can vary. Factors such as the court's schedule, the complexity of the case, and whether all parties are in agreement can influence the timeline. It is advisable to check with the court clerk for specific timeframes.
What should I do if my request for modification is denied?

If your request for modification is denied, you may have the option to appeal the decision. It is important to review the court's reasoning for the denial and consult with a legal professional to understand your options moving forward.

Common mistakes

When filling out the Texas Petition Modify form, individuals often make several common mistakes that can hinder their case. One significant error is failing to accurately fill in the Cause number and court information. This information must match exactly what is on the existing orders. Inaccuracies can lead to delays or even dismissal of the petition.

Another frequent mistake involves the listing of children. Petitioners sometimes forget to include all relevant children's names or mistakenly list incorrect names. Each child involved in the case must be clearly identified to ensure the court understands who the modifications will affect.

Many people also overlook the section regarding changes to property. Petitioners must indicate whether there have been any significant changes to the children’s property since the last order. Failing to disclose this information can result in the court assuming that nothing has changed, which may not be the case.

Inadequate notice to all parties is another common issue. Legal notice must be given to each person named in the current orders. Some petitioners mistakenly believe they can skip this step, which can lead to complications later in the process. Proper notice ensures that all parties have the opportunity to respond.

Additionally, many individuals do not check the appropriate boxes regarding their status as conservators. It is crucial to indicate whether one is a Sole Managing Conservator, Joint Managing Conservator, or Possessory Conservator. Misclassification can create confusion about custody arrangements and rights.

Another mistake occurs when petitioners fail to provide accurate contact information for themselves and the respondents. This includes ensuring that addresses are complete and correct. Incorrect information can delay the process and complicate service of the petition.

Lastly, petitioners often neglect to address modifications requested clearly. They may not specify how the circumstances have changed since the last order or fail to explain why the requested modifications are in the best interest of the children. Clear and detailed explanations are essential for the court to understand the need for changes.

Documents used along the form

The Texas Petition Modify form is often used in family law cases to request changes to existing court orders regarding child custody, support, or other related matters. Along with this form, several other documents may be necessary to complete the modification process effectively. Below is a list of commonly used forms and documents that can accompany the Texas Petition Modify form.

Notice of Hearing: This document informs all parties involved about the date, time, and location of the court hearing regarding the modification request. It ensures that everyone has the opportunity to attend and present their case.
Affidavit of Indigency: If the petitioner cannot afford court fees, this form allows them to request a waiver of those fees. It requires a declaration of financial status to demonstrate the inability to pay.
Waiver of Service: This form can be signed by the respondent to acknowledge receipt of the petition without the need for formal service. It streamlines the process and can expedite the hearing.
Exhibit: Out-of-State Party Affidavit: If any party involved lives outside Texas, this affidavit must be attached. It provides necessary information about the out-of-state party to comply with Texas law.
Supporting Affidavit for Modification of Home Parent: When requesting changes to the primary conservatorship within a year of the last order, this affidavit supports the request by explaining the need for the modification.
Proposed Order: This document outlines the specific changes requested and serves as a suggested order for the court to consider. It helps clarify the petitioner’s intentions and desired outcomes.

Each of these documents plays a vital role in the modification process. They help ensure that the court has all the necessary information to make an informed decision regarding the requested changes. Properly completing and submitting these forms can lead to a smoother legal experience.

Similar forms

The Texas Petition Modify form is designed to request changes to existing court orders regarding the parent-child relationship. It shares similarities with several other legal documents that serve related purposes. Below is a list of nine documents that are comparable to the Texas Petition Modify form, along with a brief explanation of how they are similar.

Modification of Child Support Order: This document requests changes to existing child support arrangements, similar to how the Petition Modify seeks to change custody or visitation orders.
Petition for Custody: Like the Texas Petition Modify form, this document initiates a request for custody changes, focusing on the best interests of the child.
Motion to Enforce Child Support: This document seeks to enforce existing child support orders, paralleling the modification request's goal of ensuring compliance with court orders.
Petition for Visitation Rights: This form requests adjustments to visitation schedules, similar to how the Petition Modify addresses changes in visitation terms.
Motion to Change Venue: This document can be filed to request a change in the court handling the case, akin to how modifications may involve jurisdictional issues.
Petition for Adoption: While more comprehensive, this document involves legal changes regarding the parent-child relationship, similar to the modifications requested in the Texas Petition Modify form.
Petition to Terminate Parental Rights: This document seeks to legally sever the parent-child relationship, which is a more drastic change compared to modifications but serves a similar purpose of altering existing legal rights.
Motion for Temporary Orders: This document requests temporary changes to custody or support arrangements, reflecting similar concerns addressed in the Petition Modify.
Exhibit: Out-of-State Party Affidavit: If a party lives out of state, this document is necessary to support modifications, indicating the importance of jurisdiction in the modification process.

Dos and Don'ts

When filling out the Texas Petition Modify form, it’s crucial to approach the process with care and attention to detail. Here’s a list of what you should and shouldn’t do:

Do fill in the cause number and court information exactly as it appears on the orders you wish to change.
Don’t leave any required fields blank; incomplete forms can lead to delays.
Do list all children involved clearly and accurately, including their names and details.
Don’t forget to provide your own personal information, including your name and address.
Do check the box that applies to your relationship with the children, such as Sole Managing Conservator or Joint Managing Conservator.
Don’t neglect to give legal notice to all parties involved, as this is a legal requirement.
Do indicate any significant changes that have occurred since the last order was signed.
Don’t submit the form without reviewing it for accuracy; errors can complicate the process.
Do ensure that any requested modifications are in the best interest of the children.

Taking these steps can help streamline your petition process and ensure that your request is considered effectively by the court.

Misconceptions

Misconception 1: The Texas Petition Modify form is only for custody changes.

This form can be used for various modifications, not just custody. It addresses changes to child support, medical support, and conservatorship rights, among others. Understanding this broad application is crucial for effective legal action.

Misconception 2: You do not need to notify all parties involved.

Legal notice is mandatory. Every person named in the current orders must be notified. This includes the Office of the Attorney General if child support is being modified. Failing to notify all relevant parties can jeopardize your case.

Misconception 3: You can submit the form without any evidence of change.

The court requires proof of a material and substantial change in circumstances to consider modifications. Simply wanting a change is insufficient. Documenting these changes strengthens your petition and increases the likelihood of approval.

Misconception 4: You can ignore the discovery level requirement.

The form specifies a discovery level, which is essential for the proceedings. Ignoring this requirement can lead to delays or complications in your case. Ensure you understand and comply with this aspect to avoid unnecessary setbacks.

Key takeaways

Filling out and using the Texas Petition Modify form can be a crucial step in altering existing court orders regarding child custody or support. Here are some key takeaways to consider:

Accurate Information is Essential: Always fill in the cause number and court information exactly as it appears on the current orders you wish to modify.
Children's Names Matter: Clearly list the names of all children involved in the petition to ensure the court understands who is affected by the changes.
Discovery Level: The form specifies that the discovery level is Level 2, which may impact how information is exchanged between parties.
Jurisdiction is Key: The court must have continuing, exclusive jurisdiction over the case for the modifications to be valid.
Notify All Parties: Legal notice must be given to all individuals named in the current orders, including the Office of the Attorney General if child support is involved.
Respondent Information: Provide full names and addresses for all respondents. This ensures they receive proper notification of the petition.
Changes Must Be Justified: The petition must state how circumstances have materially and substantially changed since the last order was issued.
Specify Requested Modifications: Clearly outline what changes you are requesting regarding conservatorship, rights, and duties related to the children.
Understand the Fees: Be prepared to pay any necessary fees for filing the petition or provide documentation if you cannot afford them.
Geographic Restrictions: If applicable, indicate any geographic restrictions regarding where the children may reside as part of the modification request.

By keeping these points in mind, individuals can navigate the petition process more effectively, ensuring that their requests are clear and compelling to the court.