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Blank Texas Petition To Modify Form

The Texas Petition To Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This form allows individuals to outline their reasons for seeking modifications, such as changes in circumstances affecting the children or conservators involved. Proper completion of this form is essential for ensuring that the court considers the requested changes effectively.

Outline

The Texas Petition to Modify form serves as a crucial legal document for parents seeking to change existing court orders related to their children. This form is designed to facilitate modifications to the parent-child relationship, whether due to changes in custody arrangements, child support obligations, or other significant circumstances affecting the welfare of the children involved. It requires detailed information, including the cause number and court information, which must be filled out precisely as it appears in the original orders. Additionally, the form outlines the necessary steps for notifying all parties involved, ensuring that legal notice is properly served. The petitioner must specify the changes being requested, whether they pertain to conservatorship, parental rights, or other responsibilities. Furthermore, the form emphasizes the importance of demonstrating that a substantial change has occurred since the last order was issued, reinforcing the need for the requested modifications to be in the best interest of the children. Understanding and accurately completing this form is essential for navigating the complexities of family law in Texas.

Sample - Texas Petition To Modify Form

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	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
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

(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: ___		___	___.
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 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: ____________________________________________________________________

Street Address	City	State	Zip
© Texas Partnership for Legal Access – Modification Petition, February 2014
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 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

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 Respondent C 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 AddressCityState Zip

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.

© Texas Partnership for Legal Access – Modification Petition, February 2014
Texas Family Code, Chapter 156	Page 3 of 8

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 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)

(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).

(Check one, if applicable.)

© Texas Partnership for Legal Access – Modification Petition, February 2014
Texas Family Code, Chapter 156	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.

© Texas Partnership for Legal Access – Modification Petition, February 2014
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, February 2014
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, February 2014
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:

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

© Texas Partnership for Legal Access – Modification Petition, February 2014
Texas Family Code, Chapter 156	Page 8 of 8

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Form Information

Fact Name	Description
Purpose of the Form	This form is used to request changes to existing court orders regarding the parent-child relationship in Texas.
Governing Law	The Texas Petition to Modify is governed by the Texas Family Code, Chapter 156.
Discovery Level	The discovery level for cases using this form is typically set at Level 2, which allows for more extensive information gathering.
Jurisdiction	The court handling this petition has continuing, exclusive jurisdiction over the case.
Required Notifications	Legal notice must be provided to all parties involved in the current orders, including the Office of the Attorney General if child support modifications are requested.
Modification Criteria	To modify an order, there must be a material and substantial change in circumstances affecting the children or the parties involved.
Changes to Conservatorship	The form allows for requests to change conservatorship arrangements, which may include altering custody rights or responsibilities.

Detailed Guide for Filling Out Texas Petition To Modify

Filling out the Texas Petition to Modify form is an important step in making changes to existing court orders regarding children. This process requires careful attention to detail to ensure all necessary information is provided accurately. Below are the steps to help guide you through completing the form.

Fill in the cause number and court information: Write the cause number and court details exactly as they appear on the current orders you wish to modify.
List the children's names: Include the names of all children involved in the case.
Specify the district and county: Indicate the district and county where the court is located.
State the order to be modified: List the title and date of the current orders you want to change.
Provide your information: Fill in your full name, the last three digits of your driver’s license or social security number, and your address. Indicate your relationship to the children (e.g., Sole Managing Conservator).
List the respondents: For each respondent, provide their full name, address, and relationship to the children. Indicate whether you want to send legal notice to them.
Indicate if any party lives out-of-state: Check the appropriate box regarding the residency of the parties involved.
Detail the modifications requested: Explain how circumstances have changed and specify the changes you are requesting regarding conservatorship and rights and duties.
Sign and date the petition: Ensure that you sign and date the form at the end to certify that the information provided is accurate.

Once you have completed the form, you will need to file it with the court and arrange for legal notice to be served to the involved parties. Be prepared to pay any necessary fees or file for a fee waiver if applicable.

Obtain Answers on Texas Petition To Modify

What is the Texas Petition To Modify form?

The Texas Petition To Modify form is a legal document used to request changes to existing court orders regarding the parent-child relationship. This can include modifications to custody arrangements, child support, or other related matters. It is essential to fill out the form accurately to ensure the court understands the requested changes.
Who can file a Petition To Modify?

Any party involved in the original court order, such as a parent or guardian, can file a Petition To Modify. The person filing is referred to as the Petitioner. It is important that the Petitioner has legal standing to request changes, meaning they must have a legitimate interest in the case.
What information is needed to complete the form?

To complete the form, you will need:
- Cause number and court information from the original orders.
- Names and details of the children involved.
- Current addresses of all parties.
- Specific changes you are requesting regarding custody or support.
Make sure to include any relevant changes in circumstances since the last order was signed.
What are the grounds for modification?

The court requires a significant change in circumstances to modify existing orders. This could involve changes in the child's living situation, the financial status of a parent, or other factors affecting the child's welfare. The requested changes must also be in the best interest of the child.
How do I serve notice to other parties?

It is crucial to provide legal notice to all parties named in the current orders. You can do this by having a sheriff, constable, or process server deliver the Petition. Alternatively, you may ask certain parties to sign a Waiver of Service, indicating they agree to the changes without formal notice.
What if one of the parties lives out of state?

If any party involved in the case lives outside Texas, you must complete and attach an Out-of-State Party Affidavit. This is a requirement under Texas law and ensures that all parties are properly notified and can respond to the petition.
What happens after I file the Petition To Modify?

Once the Petition is filed, the court will schedule a hearing. All parties involved will be notified of the hearing date. During the hearing, the judge will review the evidence and decide whether to grant the requested modifications. It is important to prepare for this hearing by gathering relevant documents and evidence to support your case.

Common mistakes

Filling out the Texas Petition To Modify form can be a daunting task, and mistakes can lead to delays or complications in your case. One common error is failing to provide the correct cause number and court information. This information must match exactly what is on the existing orders you wish to modify. A simple typo can derail your entire petition, so double-checking this section is essential.

Another frequent mistake is not listing all the children involved in the case. It's crucial to ensure that every child’s name is included in the designated section. Omitting a child can result in legal complications and may even affect the outcome of the modification request.

Many people also overlook the importance of detailing the changes in circumstances that justify the modification. The court needs to see a clear explanation of how the situation has materially and substantially changed since the last order was made. Providing vague or insufficient details can weaken your case.

Additionally, some individuals forget to check the appropriate boxes regarding conservatorship and parental rights. This section is vital, as it outlines what specific changes you are requesting. Be sure to review this part carefully to ensure that your intentions are clearly communicated to the court.

Another common oversight is neglecting to provide legal notice to all required parties. The law mandates that you inform anyone whose rights may be affected by the case. Failing to do so can lead to delays and may even result in the court dismissing your petition.

It’s also important to remember that if any parties live out of state, you must complete and attach the necessary affidavit. Many people miss this step, thinking it’s optional, but it’s a requirement that cannot be overlooked.

Moreover, some filers mistakenly believe they can skip the section about the children’s property changes. If there have been any significant changes to the children’s property since the last order, you must include those details. Ignoring this requirement can leave the court with an incomplete picture of the situation.

Lastly, individuals often forget to sign and date the form. This may seem minor, but without your signature, the petition cannot be processed. Taking the time to review the entire document before submission can help catch this and other potential errors.

Documents used along the form

When filing a Texas Petition to Modify, several other documents may be necessary to support your case. Each of these documents plays a crucial role in the modification process and helps ensure that all relevant information is presented to the court. Here’s a brief overview of these additional forms:

Affidavit of Indigency: This document is used to request a waiver of court fees for those who cannot afford to pay. It provides the court with financial information to determine eligibility for fee waivers.
Exhibit: Out-of-State Party Affidavit: Required when any party involved in the case lives outside of Texas. This affidavit provides necessary details about the out-of-state party and ensures the court has jurisdiction.
Exhibit: Petitioner’s Supporting Affidavit for Modification of Home Parent in Less than One Year of Order: If modifications are requested within a year of the original order, this affidavit must be submitted to support the request.
Waiver of Service: This document is signed by a respondent to acknowledge receipt of the petition without the need for formal service by a process server. It can expedite the process.
Notice of Hearing: This form informs all parties involved about the date and time of the hearing regarding the modification. It ensures everyone has the opportunity to attend and present their case.
Child Support Guidelines Worksheet: If the modification involves changes to child support, this worksheet helps calculate the appropriate amount based on the Texas guidelines.
Proposed Order: This document outlines the changes being requested and serves as a suggestion for the judge. It helps clarify what the petitioner is seeking from the court.

Understanding these documents is essential for anyone looking to modify existing court orders in Texas. Each form plays a distinct role in ensuring that the court has all necessary information to make informed decisions regarding the best interests of the children involved.

Similar forms

Modification of Child Support Order: Similar to the Texas Petition To Modify, this document requests changes to existing child support arrangements. It outlines the reasons for the modification, such as changes in income or needs of the child, and includes necessary details about the parties involved.
Petition for Change of Conservatorship: This document is used when a party seeks to change who has legal custody of a child. Like the Petition To Modify, it requires information about the children and the reasons for the requested change in custody arrangements.
Motion to Enforce Parenting Plan: This document is filed when one party believes the other is not following the existing parenting plan. It shares similarities with the Petition To Modify in that it addresses issues related to child custody and visitation rights, but focuses on enforcement rather than modification.
Petition for Visitation Rights: If a non-custodial parent wishes to establish or modify visitation rights, this document is necessary. It resembles the Petition To Modify in that it requires clear justification for the changes being requested and includes information about the children.
Request for Temporary Orders: This document is used when immediate changes are needed, such as during a divorce or custody dispute. Like the Petition To Modify, it seeks to alter existing arrangements, but it focuses on temporary adjustments until a final decision is made.

Dos and Don'ts

When filling out the Texas Petition To Modify form, it’s essential to approach the task carefully. Here are some important things to keep in mind:

Do fill in the cause number and court information exactly as it appears on the existing orders.
Do clearly list the names of all children involved in the case.
Do provide accurate personal information, including your name and address.
Do indicate any significant changes to the children's circumstances since the last order.
Do ensure that you give legal notice to all parties named in the current orders.
Don’t leave any sections blank; fill out all required information completely.
Don’t forget to check the appropriate boxes that apply to your situation.
Don’t assume that the court will fill in any missing information for you.
Don’t neglect to pay any required fees or file for a fee waiver if needed.

Taking these steps can help ensure that your petition is processed smoothly and effectively.

Misconceptions

Misconceptions about the Texas Petition To Modify form can lead to confusion and potential issues in the legal process. Understanding the realities behind these misunderstandings is crucial for anyone considering this form. Here are seven common misconceptions:

1. The form is only for changing custody arrangements. Many believe the Petition To Modify is solely for custody changes. In reality, it can address various issues, including child support, visitation rights, and conservatorship.
2. You can file the petition without showing any changes in circumstances. Some think they can modify orders simply because they want to. However, the law requires demonstrating a significant change in circumstances affecting the child or conservator since the last order was issued.
3. Legal notice is optional. A common belief is that notifying all parties involved is not necessary. This is incorrect; the law mandates that legal notice be provided to all relevant parties, ensuring everyone has the opportunity to respond.
4. The process is quick and straightforward. Many expect a swift resolution. In truth, modifying court orders can take time, involving hearings and potentially lengthy discussions about the child's best interests.
5. You don’t need legal representation. Some individuals think they can navigate the process alone. While it’s possible, having legal guidance can significantly enhance the chances of a successful modification.
6. The petition can be filed in any court. There is a misconception that any court can handle these petitions. In fact, the petition must be filed in the court that has jurisdiction over the existing orders.
7. Modifications are granted automatically. Some believe that filing the petition guarantees approval. This is misleading; the court will evaluate the request based on the evidence presented and the best interests of the child.

Understanding these misconceptions can empower individuals to approach the modification process with clarity and preparation. It is essential to grasp the nuances of the legal system to navigate it effectively.

Key takeaways

When filling out the Texas Petition To Modify form, keep these key takeaways in mind:

Accuracy is crucial. Ensure that the cause number and court information match exactly what is on the current orders you want to modify.
Identify all children involved. Clearly list the names of all children affected by the modification in the designated section.
Provide detailed information. Include your personal information, such as your name, address, and relationship to the children, as well as the information of any respondents.
Notify all parties. Legal notice must be given to each party named in the current orders, including the Office of the Attorney General if applicable.
Explain the changes needed. Clearly state what modifications you are requesting and why they are in the best interest of the children.