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Blank Texas Petition To Modify PDF Form

The Texas Petition To Modify form is a legal document used to request changes to existing court orders related to the parent-child relationship. This form allows individuals to formally ask the court to modify custody arrangements, child support, or other parental rights based on significant changes in circumstances. If you need to fill out this form, click the button below to get started.

Content Overview

The Texas Petition To Modify form serves as a crucial legal tool for parents seeking to alter existing court orders related to their children. This form is particularly relevant when significant changes in circumstances arise, necessitating a review of custody, support, or other parental responsibilities. It requires detailed information about the children involved, including their names, dates of birth, and current addresses. The petitioner must specify the order or orders they wish to modify, providing the title and date of the original court ruling. Additionally, the form outlines the necessity for legal notice to all parties involved, ensuring that those whose rights may be affected are informed of the proceedings. The petitioner must also demonstrate standing, indicating their legal right to request modifications. A key aspect of the form is the section dedicated to outlining the requested changes, which may include adjustments to conservatorship arrangements or parental rights and duties. This structured approach not only facilitates clarity in the modification process but also emphasizes the best interests of the children at the center of these legal matters.

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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

Texas Family Code, Chapter 156 Page 1 of 8

(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:

2 Name:

3 Name:

4 Name:

5 Name:

6 Name:

Cause No:

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 2 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: ___ ___ ___.

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

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 Family Code, Chapter 156 Page 3 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 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

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 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.

Texas Family Code, Chapter 156 Page 4 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. )

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).

(Check one, if applicable.)

Texas Family Code, Chapter 156 Page 5 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:

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 6 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 7 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 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:

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

➤ PDF File

Form Specifications

Fact Name	Fact Description
Purpose	The Texas Petition To Modify form is used to request changes to existing court orders regarding the parent-child relationship.
Governing Law	This form is governed by the Texas Family Code, Chapter 156.
Jurisdiction	The court must have continuing, exclusive jurisdiction over the case to modify any existing orders.
Discovery Level	The discovery level for cases using this form is typically set at Level 2, if needed.
Notice Requirement	Legal notice must be provided to all parties named in the current orders, including the Office of the Attorney General if applicable.
Modification Criteria	To modify an order, there must be a material and substantial change in circumstances affecting the children or conservators.
Children's Information	The form requires detailed information about the children involved, including their names, dates of birth, and current addresses.

Texas Petition To Modify: Usage Guidelines

Filling out the Texas Petition to Modify form requires careful attention to detail. Each section must be completed accurately to ensure the court has the necessary information to process the request. After completing the form, it will need to be filed with the appropriate court, and legal notice must be provided to all relevant parties.

Begin by entering the Cause Number and Court Information as it appears on the current orders you wish to modify.
List the names of the children involved in the case.
Indicate the District Court and County where the petition is being filed.
State the Discovery Level as Level 2.
Identify the Order(s) to be Modified by providing the title and date signed by the court.
Confirm that the court has continuing, exclusive jurisdiction over the case.
Provide details about the children, including their names, sex, date of birth, place of birth, and current address.
Indicate whether there has been a significant change to the children’s property. If so, describe the changes.
Fill in your personal information as the Petitioner, including your name, driver’s license number (or social security number), and address.
Specify your relationship to the children by selecting the appropriate status: Sole Managing Conservator, Possessory Conservator, or Joint Managing Conservator.
List the names and addresses of all Respondents who need legal notice, including their relationship to the children.
Decide how you will serve the Respondents. Choose whether to send a sheriff or constable or if you believe they will sign a Waiver of Service.
If applicable, complete the section for Respondent B and Respondent C, following the same steps as for Respondent A.
Indicate whether anyone involved in the case lives out of state. If so, complete and attach the required affidavit.
List the modifications requested, including any changes to conservatorship and rights and duties concerning the children.
Sign and date the petition to affirm the information provided is accurate and complete.

Your Questions, Answered

What is the Texas Petition To Modify form used for?

The Texas Petition To Modify form is a legal document that allows a person to request changes to existing court orders regarding the parent-child relationship. This may include modifications to custody arrangements, child support, or other parental rights and duties. It is designed for situations where there has been a significant change in circumstances since the original order was issued, and the changes requested are in the best interest of the children involved.

Who can file a Petition To Modify?

Any party involved in a child custody or support case can file a Petition To Modify. This includes parents who are either the sole managing conservator, possessory conservator, or joint managing conservator. It is important that the petitioner has standing to bring the suit, meaning they have a legal right to request the modification based on their relationship to the children.

What information is required on the form?

The form requires specific information such as the cause number, court details, and the names and birthdates of the children involved. Additionally, the petitioner must provide their personal information, including their address and driver's license or social security number. Details about the current orders to be modified, the reasons for modification, and the specific changes requested must also be included.

What happens after filing the Petition To Modify?

After the petition is filed with the court, legal notice must be given to all parties named in the current orders, as well as anyone else whose rights may be affected. This may involve serving the petition to the respondents through a sheriff, constable, or process server. The court will then schedule a hearing to review the petition, where both parties can present their arguments and evidence regarding the requested modifications.

What is the significance of providing legal notice?

Providing legal notice is crucial because it ensures that all parties involved are aware of the changes being requested and have the opportunity to respond. This step helps uphold the legal rights of everyone affected by the modifications. If the Office of the Attorney General is involved, especially in cases concerning child support, they must also be notified. Failure to provide proper legal notice can delay the process or result in the petition being dismissed.

Common mistakes

Incorrect Cause Number or Court Information: Failing to fill in the cause number and court information exactly as it appears on the existing orders can lead to delays or rejections of the petition.
Missing Child Information: Not listing all children involved in the case can result in incomplete documentation. Ensure that each child's name, sex, date of birth, and place of birth are accurately provided.
Neglecting to Specify Changes: Omitting details about the changes to the children’s property or circumstances since the last order can weaken the petition. Clearly outline any significant changes that justify the modification.
Improper Notification of Respondents: Failing to notify all necessary parties, including the Office of the Attorney General if applicable, may invalidate the petition. Ensure that all individuals entitled to legal notice are correctly identified and notified.
Inaccurate Conservatorship Designation: Selecting the wrong type of conservatorship can lead to confusion. Carefully check the options and select the appropriate conservatorship status for each party involved.
Not Completing Required Attachments: Forgetting to attach necessary exhibits, such as the Out-of-State Party Affidavit or Petitioner’s Supporting Affidavit for Modification, can result in a rejection of the petition. Review all requirements thoroughly.
Ignoring Service Fees: Underestimating the need to pay service fees or file for a fee waiver can delay the process. Understand the fee structure and ensure proper arrangements for service of the petition.

Documents used along the form

When filing a Texas Petition to Modify, several additional forms and documents may be required to ensure the process runs smoothly. Below are some commonly used documents that complement the petition.

Exhibit: Out-of-State Party Affidavit - This document is necessary if any party involved in the case resides outside Texas. It provides the court with information about the out-of-state party and confirms jurisdiction.
Exhibit: Petitioner’s Supporting Affidavit for Modification of Home Parent - Required when asking for a modification of the custodial parent within one year of the previous order. This affidavit supports the request for changing the custodial arrangement.
Waiver of Service - This form is used if a respondent agrees to waive their right to be formally served with the petition. It can expedite the process and is often signed voluntarily.
Child Support Worksheet - If the modification includes changes to child support, this worksheet helps calculate the new support amount based on current financial circumstances and guidelines.

Understanding these documents can help streamline the modification process. Ensure that you have all necessary forms completed and submitted as required by the court to avoid delays.

Similar forms

Petition for Divorce: Similar to the Texas Petition to Modify, this document initiates a legal process where one spouse requests a change in the marital status. It requires detailed information about the parties involved, any children, and the specific changes being requested, such as division of property or custody arrangements.
Motion to Modify Child Support: This document is used when one party seeks to change the existing child support order. Like the Petition to Modify, it must demonstrate a significant change in circumstances affecting the child’s needs or the financial situation of the parents.
Modification of Custody Order: This document is specifically for changing custody arrangements. It outlines the reasons for the modification and must show that the change is in the best interest of the child, paralleling the requirements found in the Texas Petition to Modify.
Motion to Enforce Parenting Plan: This document is filed when one parent believes the other is not complying with the existing parenting plan. Similar to the Petition to Modify, it requires clear evidence of the non-compliance and requests the court to enforce the current order.
Application for Temporary Orders: This document is used to request immediate changes to custody, support, or visitation while a case is pending. It shares similarities with the Petition to Modify in that it must articulate the reasons for the requested changes and how they serve the best interests of the children involved.

Dos and Don'ts

When filling out the Texas Petition To Modify form, it is important to follow specific guidelines to ensure accuracy and compliance with legal requirements. Below is a list of things you should and shouldn't do:

Do fill in the cause number and court information exactly as stated in the original orders.
Do clearly list the names of all children involved in the case.
Do provide your full name and contact information accurately.
Do indicate whether there has been a significant change in the children's property.
Do ensure that you provide legal notice to all parties named in the current orders.
Don't leave any sections blank; incomplete forms may be rejected.
Don't forget to check the appropriate boxes regarding conservatorship and rights.
Don't assume that the court will understand your intentions without clear explanations.
Don't neglect to attach any required exhibits, especially if there are out-of-state parties.
Don't forget to pay any required fees or file for a fee waiver if you cannot afford it.

Misconceptions

Misconceptions about the Texas Petition To Modify form can lead to confusion and unnecessary complications in legal proceedings. Here are four common misconceptions explained:

The form can be submitted without any supporting documents. Many people believe they can simply fill out the Petition To Modify and submit it. However, certain situations require additional documentation, such as affidavits or evidence of changes in circumstances.
Only one party needs to be notified of the petition. It is a common misunderstanding that only the other parent needs to be informed. In reality, all parties named in the current orders must receive legal notice to ensure everyone’s rights are respected.
Changes to the petition can be made after submission without consequence. Some individuals think they can alter their requests after filing the petition. However, once submitted, any changes typically require a formal process to amend the petition, which can delay proceedings.
Filing the petition guarantees a court hearing. Many assume that submitting the Petition To Modify automatically results in a court hearing. In truth, the court must first review the petition, and a hearing will only be scheduled if the court deems it necessary.

Key takeaways

Filling out and using the Texas Petition To Modify form is an important process for those seeking to change existing court orders related to parent-child relationships. Here are key takeaways to consider:

Accurate Information: Ensure that the cause number and court information are filled in exactly as they appear on the existing orders.
Child Information: List all children involved in the case clearly, including their names, dates of birth, and current addresses.
Discovery Level: Be aware that the discovery level for the case is typically Level 2, which may involve certain procedures if needed.
Modification Request: Clearly state which order or orders you wish to modify, including the title and date signed by the court.
Jurisdiction: Understand that the court has continuing, exclusive jurisdiction over the case, which means it retains authority to make decisions.
Legal Notice: Provide legal notice to all parties involved, including the Office of the Attorney General if relevant to child support or medical support orders.
Service of Process: Decide whether to send a sheriff or process server for service of the petition or if you expect the respondent to voluntarily respond.
Out-of-State Parties: If any party lives outside Texas, complete and attach the required Out-of-State Party Affidavit.
Changes to Custody: Specify any requested changes to conservatorship, including who should be named as managing conservators or possessory conservators.
Parental Rights: Indicate any changes to parental rights and duties, such as decision-making authority regarding education and medical treatment.

Following these guidelines will help ensure that the petition is completed correctly and effectively. It is essential to approach this process thoughtfully, as it directly impacts the well-being of the children involved.