Article Structure
The Texas Petition to Modify form is a vital document for individuals seeking to change existing court orders related to child custody, support, or parental rights. The form begins by establishing the necessary court and case identification details, including the cause number and the names of the children involved. It then allows the petitioner, or the person requesting the modification, to identify themselves and their standing concerning the children, greatly influencing the outcome of the modification. The form specifically requires information about how the circumstances surrounding the children or the parties involved have significantly changed since the last orders were issued. This change is built upon the premise that modifications should primarily serve the children's best interests. Additionally, the petitioner must inform the court of any necessary legal notices to other parties involved, ensuring that all individuals with a legal stake in the situation are informed about the proposed changes. The petition includes sections that address potential changes to conservatorship and the division of parental rights and responsibilities, outlining explicit requests that address parenting time, decision-making authority, and essential considerations for the children's well-being. This comprehensive approach facilitates a clearer understanding of the modifications sought and their intended impacts on the familial structure.
Texas Petition Modify Example
(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: |
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Cause No: |
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2 |
Name: |
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In the _______ |
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3 |
Name: |
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4Name:
5 Name:
6 Name: ________
District 
County Court of:
County, Texas
Original Petition to Modify the
1. Discovery
The discovery level in this case, if needed, is Level 2.
2. Order to be Modified
I ask the court to change the current Order or Orders listed below: Title of Order
1.
2.
Date signed by Court
/ /
/ /
3. Jurisdiction
This Court has continuing, exclusive jurisdiction of this case.
4. Children
The following children are the subject of this case.
Child’s name |
Sex |
Date of Birth |
Place of Birth |
Current Address |
1
2
3
4
5
6
(Check one.)
There has been no significant change to the children’s property.
The following changes have occurred to the children’s property since the Court signed the current orders: ____________________________________________________________
© Texas Partnership for Legal Access – |
Modification Petition, July 5, 2011 |
Texas Family Code, Chapter 156 |
Page 1 of 8 |
5.Parties
Petitioner
My name is _________________________________________________________________.
First |
Middle |
Last |
I am the Petitioner, the person asking the Court to change the order or orders listed below.
The last three numbers of my driver’s license number are: ___ |
___ |
___. My driver’s license |
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was issued in (State) ________________________. |
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or |
I do not have a driver’s license number. |
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The last three numbers of my social security number are: ___ |
___ |
___. |
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or |
I do not have a social security number |
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I live at _____________________________________________________________________.
Street Address |
City |
State |
Zip |
I am the children’s (Check one.) |
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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.) |
|
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Sole Managing Conservator. |
Joint Managing Conservator. |
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Possessory Conservator. |
______________________________. |
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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 |
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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.) |
|
|
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Sole Managing Conservator. |
Joint Managing Conservator. |
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Possessory Conservator. |
______________________________. |
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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.) |
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Sole Managing Conservator. |
Joint Managing Conservator. |
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Possessory Conservator. |
______________________________. |
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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 |
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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
(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:
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,
Joint Managing Conservator, noncustodial 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,
Possessory Conservator,
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,
AB C 
Joint Managing Conservator, noncustodial 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,
AB C 
Possessory Conservator
© Texas Partnership for Legal Access – Modification Petition, June 27, 2011 |
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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 |
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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
Standard visitation, with Respondent A B C
Other (Describe)
© Texas Partnership for Legal Access – Modification Petition, June 27, 2011 |
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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 |
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Texas Family Code, Chapter 156 |
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.)
The children
do
do not |
receive medical assistance through CHIPS or Medicaid. |
Cost of premium (if any): $_________________________________________________
Health insurance reasonable cost.
is
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
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 |
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Texas Family Code, Chapter 156 |
Page 8 of 8 |
Form Characteristics
| Fact Name | Fact Description |
|---|---|
| Governing Laws | The Texas Petition to Modify is governed by Texas Family Code, Chapter 156. |
| Purpose | This form is used to request changes to existing parent-child relationships as determined by a court. |
| Discovery Level | The discovery level for this case is Level 2, if necessary. |
| Jurisdiction | The court has exclusive continuing jurisdiction over the case. |
| Legal Notice Requirements | Legal notice must be provided to all parties affected by the modification, including the Attorney General if relevant. |
| Modifications Justification | Requested changes must be in the best interest of the child and based on substantial changes in circumstances. |
Guidelines on Utilizing Texas Petition Modify
After gathering all the necessary information, you'll be prepared to fill out the Texas Petition Modify form. This step is essential for making changes to existing court orders regarding parent-child relationships. Be sure to double-check each section for accuracy, as the details are crucial for the filing process.
- Fill in the Cause Number and Court Information: Write down the Cause number and the court information exactly as it appears on the orders you wish to modify.
- List Children's Names: Start by listing the names of the children involved in the case.
- Identify the Court: Specify the district and county court of your jurisdiction.
- Identify the Order to be Modified: Clearly state the title and date of the existing order(s) you want to change.
- Provide Your Personal Information: As the petitioner, include your full name, driver’s license information (if applicable), and current address.
- Indicate Your Role: Check the appropriate box to indicate your role regarding the children (sole managing conservator, possessory conservator, or joint managing conservator).
- Name the Respondents: For each respondent, provide their full name and address. Make sure to include any other parties entitled to legal notice.
- Legal Notice Section: Decide whether to send a sheriff or constable to notify each respondent and fill out this section accordingly.
- Check Box for Out-of-State Parties: If applicable, indicate whether anyone involved does not live in Texas.
- Modify Conservatorship: Specify if you wish to change conservatorship orders and fill in any details regarding the changes needed.
- Changes to Rights and Duties: Indicate whether you want to modify any parental rights and duties and list them if applicable.
- Sign and Date: Conclude by signing and dating the form at the designated area.
Once you complete the form, review it carefully for any omissions or errors. Proper filing will help facilitate your request for modification in court. Ensure you have all the necessary documentation ready for submission, which may include fees for filing and service of process. Consider seeking guidance from a legal professional for additional assistance if needed.
What You Should Know About This Form
What is the Texas Petition to Modify form used for?
This form is used when a parent or conservator wants to change existing court orders related to the parent-child relationship. The modifications often involve custody arrangements, child support, or other rights and duties regarding the child or children involved in the case. It's important that the petitioner shows adequate reasons for the changes requested.
How do I fill out the form correctly?
To complete the form, you will need specific information. Start by filling in the cause number and court details exactly as they appear in the original orders. Next, list all the children involved. Make sure to indicate your relationship to the children and specify the current orders you wish to modify. Be precise and clear in detailing why these changes are necessary, ensuring the court understands the best interest of the child or children.
What is 'discovery level' and how does it apply?
The discovery level refers to the amount of investigation or evidence collection permitted during the legal proceedings. In the context of this form, the discovery is set at Level 2, which allows for a moderate amount of discovery efforts. This is important if you anticipate needing more information from the other party or if you need to gather evidence to support your case.
What happens if I don’t notify respondents properly?
Failing to provide legal notice to all involved parties can delay the process and may lead to your petition being dismissed. It is essential to notify all respondents, including the Office of the Attorney General if applicable. Ensure each person’s rights are respected by providing adequate notice of the changes you seek. This step safeguards the legal process and the rights of all parties involved.
Can I file this petition if my circumstances change shortly after the previous orders?
Yes, if there has been a substantial change in circumstances since the last order, you may file this petition. The form allows you to argue that modifications are necessary for the best interests of the child. However, specific rules may apply, especially if less than one year has passed since the last order was made. Always consult the relevant laws to ensure compliance.
What if one of the parties lives out-of-state?
If any party involved lives outside of Texas, you need to indicate this on the form and attach an Out-of-State Party Affidavit. This affidavit ensures that the necessary legal standards can be met, as there are additional considerations when dealing with out-of-state parties, especially regarding jurisdiction and legal notice.
Common mistakes
Many individuals encounter challenges when completing the Texas Petition Modify form. One common mistake is failing to provide the correct cause number and court information. It is crucial to mirror the details from the existing order exactly as they appear. Errors here can cause delays and complications in processing the petition.
Another mistake is neglecting to list all children involved in the modification request. Even if only one child is the subject of the modification, listing all involved children is necessary. Omitting children could lead to assumptions about custody and support that do not reflect the current situation.
People often overlook the section regarding significant changes in circumstances. This section is critical because it establishes the need for modification. Simply stating “no significant changes” without elaboration when changes have occurred can undermine the strength of the petition. Furthermore, ensuring clarity in describing these changes is essential to help the court understand the reasons for requesting a modification.
Another frequent error involves improperly notifying respondents. Many individuals fail to understand that legal notice must be provided to all parties listed in the current orders. This includes the Office of the Attorney General if child support or medical support orders are being modified. Not adhering to this requirement can lead to dismissals or complications in the case.
Additionally, people fail to accurately describe their legal status concerning the children. Marking the correct status—whether sole managing conservator, possessory conservator, or joint managing conservator—is crucial. Misidentifying one’s role could mislead the court regarding the petitioner's rights and responsibilities.
Another pitfall is misunderstanding the documentation needed for parties living out of state. Failing to check the appropriate box or attach the required exhibit can result in a denial of the modification request. It’s vital to ascertain the residency status of all parties accurately and comply with any additional documentation requirements.
Lastly, individuals often neglect to sign and properly date the petition before submission. This simple oversight can lead to significant delays. A lack of a signature may cause the court to reject the petition outright. Careful attention to detail is essential for the smooth processing of any modification request.
Documents used along the form
The Texas Petition to Modify form is often used alongside several other documents that help support the modification request. Below is a list of common forms and documents that may be needed during this process.
- Order to Appear: This document notifies the parties involved that they must appear in court for a hearing regarding the modifications requested in the petition. It typically includes the date, time, and location of the hearing.
- Waiver of Service: If the responding party agrees to waive formal service of process, this document can save time. It indicates that the party acknowledges the petition and will respond without requiring a sheriff or process server to deliver the paperwork.
- Affidavit of Supporting Facts: This affidavit outlines the reasons for seeking the modification of the existing orders. It includes details about changed circumstances affecting the children or conservators.
- Child Support Worksheet: This worksheet calculates the child support amount based on Texas guidelines. It is necessary if there are changes to child support being requested in the modification.
- Certificate of Service: This document proves that all parties entitled to legal notice have received copies of the petition and related documents. It's crucial for ensuring that the court follows proper procedures.
- Out-of-State Party Affidavit: If one party involved in the case lives outside of Texas, this affidavit may be required. It outlines jurisdictional issues and ensures that the court has the authority to modify orders affecting the out-of-state party.
Gathering these documents together can help ensure a smoother process when filing the Texas Petition to Modify. Each document serves a specific purpose and can assist in providing clarity and support for your requests to the court.
Similar forms
The Texas Petition to Modify form is closely related to other legal documents that address family law issues. Here are five documents that share similarities with it:
- Texas Petition for Divorce: Like the modification petition, this document initiates legal proceedings in family court. It requires a clear statement of the desired changes, whether regarding custody or other critical aspects of family law.
- Texas Motion to Enforce: This document is used when one party believes the other is not complying with a court order. Similar to the modification petition, it seeks to address an existing order but focuses on enforcement rather than changes.
- Texas Petition to Establish Paternity: Both forms require detailed information about the parties involved and the child. They help establish legal relationships and rights, emphasizing the importance of the children involved.
- Texas Petition for Child Support: This document is used when a party seeks to establish or modify financial support obligations. Like the modification petition, it operates within the framework of existing orders and requires justification for any requested changes.
- Texas Suit Affecting Parent-Child Relationship (SAPCR): This broader document is used to address various family law matters concerning children, including custody, support, and visitation. Similar to the modification petition, it focuses on the best interests of the children involved and requires detailed information about custodial arrangements.
Dos and Don'ts
When filling out the Texas Petition Modify form, it is crucial to follow specific guidelines to ensure your submission is correct and complete. Below is a list of things you should and shouldn't do.
- Do fill in the cause number and court information exactly as it appears on the original orders you wish to change.
- Do provide accurate information about the children involved, including their names and other required details.
- Do clearly state the changes you are requesting regarding custody or conservatorship.
- Do keep a copy of the completed form for your records.
- Do ensure all parties entitled to legal notice are properly notified.
- Don't omit essential details, such as your name, address, and other identifying information.
- Don't leave any sections blank; complete each part of the form as required.
- Don't submit the form without having a clear understanding of the changes you are requesting.
- Don't forget to check the box if there is no Respondent B or C to avoid confusion.
- Don't ignore the fees associated with serving the petition; make arrangements to handle this promptly.
Paying attention to these guidelines can help streamline the process and improve the likelihood of a favorable outcome. Time is of the essence, so make sure all your information is accurate and complete before submission.
Misconceptions
- Misconception 1: The form can be completed without legal advice.
- Misconception 2: Modifications can be made without proving a significant change.
- Misconception 3: Only parents can file a Petition to Modify.
- Misconception 4: Legal notice can be ignored if the other party is uncooperative.
- Misconception 5: The form is the same for all changes and requests.
- Misconception 6: Once a Petition is filed, the modifications are automatically granted.
- Misconception 7: Out-of-state parties do not require special consideration.
While it is possible to fill out the Texas Petition Modify form independently, seeking legal advice is recommended. Legal professionals can provide guidance to ensure all necessary details are correctly included, which can prevent delays in the process.
To modify existing court orders, it is essential to demonstrate a substantial change in circumstances. The court requires evidence that the modification is in the best interest of the children, making this step crucial.
Any person with standing, such as a conservator or anyone entitled to legal notice, may file the petition. This includes relatives or other interested parties who have a legitimate concern for the child’s welfare.
Legal notice is a mandatory requirement. Failing to provide proper notification to all parties involved can result in delays or dismissal of the petition. Proper service of process is essential.
The Texas Petition Modify form is not a one-size-fits-all document. Different modifications require different sections to be completed, depending on whether changes to custody, support, or other rights are being requested.
Filing the petition does not guarantee approval. A hearing will typically be scheduled where both parties can present their case. The court will then make a determination based on the evidence presented.
If any parties involved reside outside Texas, additional documentation is needed. Specifically, an Out-of-State Party Affidavit must be attached, as required by Texas Family Code. This ensures that proper jurisdictional requirements are met.
Key takeaways
Understanding how to fill out and use the Texas Petition Modify form can be essential for those seeking to change existing court orders regarding children. Here are key takeaways to consider:
- Accurate Information: Fill in the cause number and court information exactly as stated on the original orders you wish to modify.
- Identify the Children: Clearly list the names of all children involved in the case.
- Discovery Level: Note that the discovery level for the modification case is typically Level 2.
- State Your Request: Specify the orders you want to modify, including the title and date they were signed by the court.
- Legal Notice: Ensure to provide legal notice to all parties and the Office of the Attorney General if child support modifications are requested.
- Respondent Details: Include complete information for each respondent, indicating their relationship to the children.
- Justify Modifications: Demonstrate how circumstances have materially and substantially changed since the original orders were issued.
- Changes to Rights: Indicate any changes you want to make regarding parental rights and duties over the children.
By following these key points, the petitioning process can become clearer and more structured.
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