Texas PDF Templates

Texas PDF Templates

Homepage Blank Texas Petition Modify PDF Template

Form 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:

 

 

Cause No:

 

2

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

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

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

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 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

Common mistakes

  1. Incorrect Cause Number or Court Information: Ensure that the cause number and court information match exactly what is on the current orders. Any discrepancies can lead to delays or rejections.

  2. Missing Children’s Names: List all children involved in the case. Omitting a child's name can complicate the process and may lead to legal issues.

  3. Improper Discovery Level: Make sure to indicate the correct discovery level. For most cases, this should be Level 2. Failing to do so can affect how the case proceeds.

  4. Inaccurate Petitioner Information: Provide complete and accurate personal information, including your name and address. Missing or incorrect details can cause unnecessary delays.

  5. Neglecting Legal Notice Requirements: Ensure that all parties entitled to legal notice are listed. This includes the Office of the Attorney General if applicable. Failure to notify can invalidate the petition.

  6. Omitting Respondent Information: If there are multiple respondents, ensure all names and addresses are filled out correctly. Skipping any respondent can result in complications.

  7. Not Addressing Out-of-State Parties: If any party lives out of Texas, you must complete and attach the required affidavit. Ignoring this step can halt the process.

  8. Failure to Specify Modifications: Clearly outline the requested changes to conservatorship or parental rights. Vague requests can confuse the court and lead to a denial.

Key takeaways

1. Accurate Information is Essential: When filling out the Texas Petition Modify form, it is crucial to enter the cause number and court information exactly as they appear on the existing orders. This ensures that the court can properly identify the case and process the modification request without delays.

2. Legal Notice Requirements: The petitioner must provide legal notice to all parties involved in the current orders, including the Office of the Attorney General if child support or medical support modifications are requested. This step is vital to uphold the rights of all parties affected by the case.

3. Changes in Circumstances: The petition must clearly outline how the circumstances of the children, conservators, or other affected parties have materially changed since the last order. This information is essential for the court to determine whether the requested modifications are in the best interest of the children.

4. Understanding Conservatorship Options: The form allows for various changes to conservatorship and parental rights. It is important for the petitioner to understand the different options available, such as sole or joint managing conservatorship, and to specify any geographic restrictions on the children's primary residence if applicable.

Steps to Using Texas Petition Modify

Completing the Texas Petition to Modify form requires careful attention to detail. Once the form is filled out, it will be submitted to the appropriate court for review. Following the court's procedures is essential to ensure that the modification process proceeds smoothly.

  1. Begin by entering the Cause Number and Court Information as it appears on the existing orders you wish to change.
  2. List the names of the children involved in the case in the section labeled In the interest of.
  3. Indicate the Discovery Level for this case, which is Level 2.
  4. In the Order to be Modified section, specify the titles of the orders you want to change and include the dates they were signed by the court.
  5. Confirm that the court has continuing, exclusive jurisdiction over this case.
  6. Provide details about each child, including their Name, Sex, Date of Birth, Place of Birth, and Current Address.
  7. State whether there has been a significant change to the children’s property, and if so, describe those changes.
  8. Identify yourself as the Petitioner by filling in your full name, driver’s license number (or social security number if applicable), and your current address.
  9. Indicate your relationship to the children by checking the appropriate box: Sole Managing Conservator, Possessory Conservator, or Joint Managing Conservator.
  10. List the names and addresses of all Respondents involved in the case. Provide the necessary details for each respondent, including their relationship to the children.
  11. Choose how you wish to provide legal notice to each respondent, either by waiving service or arranging for a process server.
  12. If applicable, check the box indicating whether anyone involved in the case lives out of state and attach the required affidavit.
  13. In the Modifications Requested section, outline the changes you are seeking. Specify any changes to conservatorship or parental rights and duties.
  14. Complete any additional sections as necessary, ensuring that all required information is provided accurately.