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Blank Texas Petition Modify PDF 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 allows a petitioner to outline the reasons for the modification and provide necessary details about the children involved. To get started, fill out the form by clicking the button below.

Content Overview

The Texas Petition Modify form is an essential document for individuals seeking to change existing court orders related to the parent-child relationship. This form requires specific information, including the cause number and court details as they appear on the original orders. It lists the names of the children involved and outlines the reasons for the modification request. The petitioner must indicate their relationship to the children, whether as a sole managing conservator, possessory conservator, or joint managing conservator. Furthermore, the form addresses the necessity of providing legal notice to all parties involved, ensuring that everyone whose rights may be affected is informed of the proceedings. It also includes sections for detailing any significant changes in circumstances that justify the requested modifications, such as changes to conservatorship or parental rights and duties. By filling out this form accurately, petitioners can clearly communicate their requests to the court, helping to facilitate a smoother legal process.

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(Fill in Cause number and court information exactly as it is written on the orders you want to change.)

Cause No:

In the interest of (List children):

1 Name:

2 Name:

3 Name:

4 Name:

5 Name:

6 Name: ________

In the _______ 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 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) ________________________.

I do not have a driver’s license number.

The last three numbers of my social security number are: ___ ___ ___.

I do not have a social security number

I live at _____________________________________________________________________.

Street Address City State Zip

I am the children’s (Check one.)

Sole Managing Conservator. Joint Managing Conservator.

Possessory 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 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 Address City State 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 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 Address City State Zip

If this is a work address, name of business:

______________________________________

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. )

A B C

Joint Managing Conservator, with the exclusive right to establish the

children’s primary residence, (Home-Parent).

A B C

Joint Managing Conservator, noncustodial parent, (Co-Parent).

A B 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.

A B C

Sole Managing Conservator, (Home-Parent).

A B C

Possessory Conservator (Co-Parent).

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

together

Either

Mom or Dad

Other

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 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 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 Family Code, Chapter 156 Page 7 of 8

Texas Family Code, Chapter 156 Page 8 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

is is not available to the person who pays child support at a

reasonable cost.

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

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Form Specifications

Fact Name	Description
Governing Law	The Texas Petition to Modify form is governed by the Texas Family Code, Chapter 156.
Jurisdiction	This court maintains continuing, exclusive jurisdiction over the case, ensuring that modifications are handled by the original court.
Discovery Level	The discovery level for cases involving this petition is set at Level 2, allowing for a structured exchange of information.
Legal Notice Requirement	Petitioners must provide legal notice to all parties involved, including the Office of the Attorney General if child support modifications are requested.

Texas Petition Modify: Usage Guidelines

After completing the Texas Petition Modify form, you will need to file it with the appropriate court. Ensure that all required parties receive legal notice of the case. This step is crucial for the court to consider your request for modifications.

Fill in the Cause Number and Court Information exactly as it appears on the current orders you wish to change.
List the names of all children involved in the case.
Indicate the Discovery Level for the case, which is Level 2.
Specify the Order to be Modified by listing the titles of the orders and their dates.
Confirm that the court has jurisdiction over the case.
Provide the Children’s Information including their names, sex, date of birth, place of birth, and current address.
Check whether there has been a significant change in the children’s property since the last order.
Identify yourself as the Petitioner by filling in your full name, driver’s license number (or social security number if applicable), and address.
Specify your relationship to the children by selecting the appropriate conservatorship status.
List the names and addresses of all Respondents who need legal notice, including their conservatorship status.
Indicate how you would like to serve each Respondent, either by waiver or through a process server.
If applicable, check whether any party lives out of state and attach the necessary affidavit.
Detail the Modifications you are requesting, including changes to conservatorship and parental rights and duties.
Sign and date the form before submitting it to the court.

Your Questions, Answered

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 could include modifications to custody arrangements, child support, or other parental rights and duties. The form allows the petitioner to outline the specific changes they are seeking and to provide relevant information about the children involved.

Who can file a Petition to Modify?

Any person who has standing in the case can file a Petition to Modify. This typically includes parents or legal guardians of the children involved. The petitioner must demonstrate that they have a legitimate reason to seek changes to the existing orders, such as a significant change in circumstances affecting the children or the parties involved.

What information is required to complete the form?

To complete the Texas Petition Modify form, you need to provide the cause number and court information from the existing orders. Additionally, you will need to list the names and details of the children involved, your personal information as the petitioner, and the specific changes you are requesting. It's also important to identify all respondents and ensure they receive legal notice of the petition.

What does "legal notice" mean in this context?

Legal notice refers to the requirement to inform all parties affected by the petition about the changes being requested. This includes anyone named in the current orders and the Office of the Attorney General if child support or medical support orders are involved. Proper legal notice ensures that all parties have the opportunity to respond to the petition.

What happens after I submit the Petition to Modify?

Once the Petition to Modify is submitted, the court will review the document. A hearing may be scheduled where both parties can present their cases. The court will consider the best interests of the children when making a decision on the requested modifications. It is essential to be prepared to provide evidence supporting your request during this hearing.

Can I modify the petition after submitting it?

Yes, you can modify the petition after submission, but it may require filing an amended petition with the court. It is advisable to consult with legal counsel to ensure that any changes comply with court procedures and do not delay the process unnecessarily. Always keep the court informed of any updates or changes to your request.

Common mistakes

Incorrectly Filling Out Cause Number and Court Information: It is crucial to enter the cause number and court information exactly as it appears on the existing orders. Any discrepancies can lead to delays or rejections of the petition.
Neglecting to List All Children: Ensure that all children involved are listed in the petition. Omitting a child's name can complicate the modification process and may result in legal issues later.
Failing to Provide Accurate Personal Information: Double-check that your name, address, and identification numbers are accurate. Errors in this information can hinder the court's ability to process your petition.
Not Notifying All Required Parties: You must provide legal notice to all parties involved, including the Office of the Attorney General if applicable. Failing to do so can lead to your petition being dismissed.
Overlooking Changes to Property: If there have been changes to the children's property since the last order, it is essential to list these changes. Ignoring this requirement may affect the court's decision.
Inadequate Explanation of Requested Modifications: Clearly articulate why the requested changes are in the best interest of the children. Vague or insufficient explanations can weaken your case.

Documents used along the form

The Texas Petition Modify form is a crucial document for individuals seeking to alter existing court orders related to child custody or support. Several other forms and documents often accompany this petition to ensure a comprehensive legal process. Below is a list of commonly used forms that may be necessary when filing a modification petition in Texas.

Affidavit of Indigency: This document is used to demonstrate a party's financial situation. If a person cannot afford court fees, they may submit this affidavit to request a waiver of fees associated with the petition.
Notice of Hearing: This form informs all involved parties of the scheduled court date for the modification hearing. It ensures that everyone has the opportunity to appear and present their case before the judge.
Exhibit: Out-of-State Party Affidavit: Required when one of the parties involved in the case resides outside Texas. This affidavit provides necessary information about the out-of-state party and their involvement in the case.
Exhibit: Petitioner’s Supporting Affidavit for Modification of Home Parent: This document is necessary when requesting a change in the primary custodial parent within one year of the original order. It supports the request by detailing the reasons for the modification.

Understanding these accompanying documents can streamline the modification process and ensure that all necessary information is presented to the court. Each form plays a specific role in helping to clarify the circumstances surrounding the modification request, ultimately aiding the court in making informed decisions in the best interest of the children involved.

Similar forms

Child Custody Modification Petition: Similar to the Texas Petition Modify form, this document is used to request changes in custody arrangements. It outlines the reasons for the modification and the best interests of the child, much like the Texas form does.
Child Support Modification Request: This document allows a parent to request changes to existing child support orders. It requires the petitioner to demonstrate a significant change in circumstances, similar to the requirement in the Texas form.
Visitation Modification Petition: This form is used to modify visitation rights. Like the Texas Petition Modify form, it requires details about the current visitation schedule and the reasons for the proposed changes.
Motion for Enforcement of Custody Order: This document is filed when one party believes the other is not complying with a custody order. It shares similarities with the Texas form in that it addresses the enforcement of existing orders.
Motion to Change Venue: This form requests a change in the court's jurisdiction for a custody case. It parallels the Texas Petition Modify form by needing to establish why the change is necessary for the child's welfare.
Petition for Grandparent Visitation: This document allows grandparents to seek visitation rights. It is similar in structure to the Texas form, requiring details about the relationship and reasons for visitation.
Application for Protective Order: In cases of domestic violence, this form is used to seek protection. While its focus is different, it similarly requires a clear outline of circumstances and the desired outcome.
Modification of Parenting Plan: This document is specifically for altering an existing parenting plan. Like the Texas Petition Modify form, it must show that changes are in the best interest of the children involved.
Request for Temporary Orders: This form is used to request temporary custody or support while a case is pending. It shares the need for immediate changes, similar to the urgency often present in the Texas modification petition.
Affidavit of Standing: This document establishes a party's right to bring a modification request to court. It is essential in both the Texas form and similar documents, as it confirms the petitioner's legal standing in the case.

Dos and Don'ts

When filling out the Texas Petition Modify form, there are important dos and don'ts to keep in mind. Here’s a straightforward list to guide you:

Do fill in the cause number and court information exactly as it appears on the current orders.
Don't leave any required fields blank; incomplete forms can delay your case.
Do clearly list the names of all children involved in the case.
Don't forget to provide accurate addresses for all respondents to ensure proper legal notice.
Do check the appropriate boxes regarding conservatorship and rights you wish to modify.
Don't assume the court will interpret vague requests; be specific about the changes you seek.
Do sign and date the form before submitting it to the court.

Misconceptions

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

This form can be used to modify various aspects of the parent-child relationship, including child support, medical support, and conservatorship arrangements, not just custody.

Misconception 2: Only one parent can file the petition.

Both parents, or any party with standing, can file a petition to modify the existing orders if they believe changes are necessary.

Misconception 3: The form does not require legal notice to other parties.

Legal notice must be provided to all parties named in the current orders, ensuring they are informed about the petition and can respond accordingly.

Misconception 4: You do not need to show a significant change to modify an order.

The petitioner must demonstrate that there has been a material and substantial change in circumstances since the last order was issued to justify the modification.

Misconception 5: The court will automatically grant the modification.

The court will review the petition and any evidence presented before deciding whether to approve the requested changes.

Misconception 6: The form is the same for every type of modification.

Different types of modifications may require additional documentation or specific forms, depending on the nature of the request.

Misconception 7: You can file the petition without any fees.

Filing fees are typically required unless a fee waiver is granted based on financial hardship.

Misconception 8: The petition can be filed without an attorney.

While it is possible to file without an attorney, legal representation is recommended to navigate the complexities of family law effectively.

Misconception 9: Modifications can be made at any time without restrictions.

There are specific time frames and conditions under which modifications can be requested, particularly regarding custody changes that occur within one year of the previous order.

Key takeaways

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

Fill in the correct information: Make sure to include the cause number and court details exactly as they appear on the existing orders you want to change.
List all children: Clearly state the names of all children involved in the case.
Specify the order to be modified: Clearly identify which order or orders you want the court to change, including their titles and dates signed.
Provide accurate personal details: Include your name, address, and relevant identification numbers, such as your driver’s license or social security number.
Notify all parties: Legal notice must be given to all individuals involved, including the Office of the Attorney General if child support is affected.
Explain changes: Detail any significant changes in circumstances that justify the modification of the existing orders.