Fill out the following “starting form”: Petition to Modify the Parent-Child Relationship.

This form (called the Petition) asks the judge to change the current order. (The Articles and Frequently Asked Questions included in this toolkit will help you understand your options. Talk to a lawyer if you have questions or need advice.)

Write the cause number and court number on the first page of the Petition just as it is written on the order you want to change. (Write these numbers at the top of any document you file in your modification case.)

Print your answers using blue or black ink. Do not leave blanks.

Caution: The Petition asks for your address. Each respondent will get a copy of your Petition. If you are concerned about a respondent knowing your address, call the Family Violence Legal Line at 800-374-4673 for free advice.

Fill out these additional starting forms and attach them to your Petition if required for your case:

• Declaration in Support of Changing Primary Custody within One Year (required only if you are asking to change custody within one year of the current order) Read this article to learn more: Child Custody Modification within a Year of Current Order
• Exhibit: Out-of-State Party Declaration (required only if you or a respondent lives outside of Texas)

Fill out this additional starting form: Civil Case Information Sheet

If you cannot afford to pay the filing fee for your case, complete a Statement of Inability to Afford Payment of Court Costs. First, however, call the district clerk’s office in the county where your child lives to learn the filing fee for your modification case.

Fill out the following “ending forms”:

1. Order Modifying the Parent-Child Relationship
2. Fill out this order form completely (except for the judge’s signature). When it’s time to finish your case, you will ask a judge to sign this Order Modifying the Parent Child Relationship form with one or more of the specific order forms below attached.
3. Information on Suit Affecting the Family Relationship.
4. If child support will be changed fill out and attach this order form: Child Support Order
5. If medical and dental support will be changed, fill out and attach this order form: Medical and Dental Support Order.
6. If custody will be changed fill out and attach one of these order forms:

• Conservatorship Order: Parents Appointed Conservators
• Conservatorship Order: Non-Parent(s) Appointed Conservator

7. If possession (visitation) will be changed fill out and attach one of these possession order forms or use one of the sample modified possession order forms included with this article: Child Visitation and Possession Orders. Or hire a lawyer to help you write a possession order that meets the specific needs of your family.
   • Standard Possession Order
   • Supervised Possession Order
   • Modified Possession Order (Nonparent is Managing Conservator): Use this form if a nonparent will be the managing conservator of the children.
   • Find other sample Modified Possession Orders here: Child Visitation and Possession Orders.
8. Fill out the following additional ending form if child support will be ordered, changed, or stopped: Income Withholding Order for Support.

Some counties require your documents to be reviewed by an attorney, while others do not. You should speak with the district clerk's office or court coordinator in your county about local requirements. Even if it's not required, it’s a good idea to have a family law lawyer review your completed forms. Family law lawyers specialize in cases involving families, such as custody and support modification cases.

You can hire a lawyer just to review your forms. Hiring a lawyer for a limited purpose is called limited scope representation. You can then finish your case yourself. Use our Legal Help Directory to search for a lawyer referral organization in your county.

If you have a low income, you may be able to have your forms reviewed for free at a legal clinic. Use our Legal Events and Clinics page to search for free legal clinics in your area.

Make enough copies of your completed Petition to Modify the Parent-Child Relationship to have one copy for you and one copy for each respondent.

Make copies of your completed Statement of Inability to Afford Payment of Court Courts only if you are asking the court to waive court costs.

You do not need copies of the Civil Case Information Sheet or the Information on Suit Affecting the Family Relationship.

1. File (turn in) your completed Petition and other starting forms with the court in the county where the current order was made.

2. Find out if your county has standing orders. If it does, you will need to attach a copy of the standing orders to your petition.

3. To file your forms online, go to E-File Texas and follow the instructions. The I want to e-file guide might help you understand this process.

4. To file your forms in person, take your Petition and additional starting forms (and copies) to the district clerk’s office in the county where the current order was made.

At the clerk’s office:

1. Turn in your Petition and other starting forms (and copies).

2. Pay the filing fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee).

3. Ask the clerk if there are local rules or procedures you need to know about for your case.

4. The clerk will “file-stamp” your copies with the date and time. The clerk will keep the original and give you back your copies. There should be a copy for you and a copy for each respondent.

Give the other parent these forms:

1. A file-stamped copy of your Petition to Modify the Parent-Child Relationship.
2. One of these blank forms: Respondent’s Original Answer, or Waiver of Service.
3. A filled-out Order Modifying the Parent-Child Relationship.

• This is the form the judge will sign to finalize the changes.

• To the Order Modifying the Parent-Child Relationship, attach any other forms that include the specific changes you want—like custody, visitation, or child support changes.

Ask the other parent to do these three things:

1. Fill out and sign either the Answer form or the Waiver of Service Only form.

   • If they choose the Waiver of Service Only form, they must sign it in front of a notary. They must sign it at least one day after you filed your Petition. (If you filed after September 1, 2023, they can sign it online with a virtual notary.)
   • The Answer form does not need a notary.

   Note: If the other parent refuses to sign either form, you must have them officially served. Follow the steps for a "default modification."

2. Sign the Order Modifying the Parent-Child Relationship.

   Remember, this order must be completely filled out. Attach the forms that include the specific changes you want—like custody, visitation, or child support changes.

   Once the other parent signs, you cannot change anything unless they initial each change.

3. Return the signed forms to you.

Then you should:

• Sign the Order Modifying the Parent-Child Relationship form yourself
• Make a copy of the signed Answer or Waiver of Service Only form for your records.

If the other parent (and anyone else named as a respondent) has filled out and signed a Respondent’s Original Answer form or Waiver of Service Only form and signed your completed Order Modifying the Parent-Child Relationship form, you can go to court to finish your agreed modification case.

Call the clerk’s office to learn when and where the court hears uncontested cases.

Bring these papers with you to the courthouse on the day you plan to finish your case.

1. A file-stamped copy of your Petition to Modify the Parent-Child Relationship,
2. The Answer or Waiver of Service Only form signed by each Respondent,
3. A completed Order Modifying the Parent-Child Relationship signed by you and each Respondent, and
4. A completed Income Withholding Order for Support if child support will be changed or stopped.
5. Read the article Tips for the Courtroom for more information about going to Court.
6. When you get to the courthouse, go to the clerk’s office. Ask if you need the court file or docket sheet (list of what has been filed in your case).
7. When you get to the courtroom, tell the clerk you are there and give the clerk your paperwork. Sit down until the judge calls your case.
8. When the judge calls your case, walk to the front of the courtroom and stand in front of the judge’s bench. The judge will have you raise your right hand and swear to tell the truth. Be prepared to quickly tell the judge what orders you are asking the judge to change and why the change or changes you are asking for would be in your child’s best interest. It’s a good idea to write down everything you want to say so you can read it to the judge if you get nervous.
9. The judge will listen to what you say and review your papers. If everything is in order the judge will sign your Order Modifying the Parent-Child Relationship.

After the judge signs your Order Modifying the Parent-Child Relationship, go back to the clerk’s office.

1. File (turn in) the signed Order Modifying the Parent-Child Relationship and any other orders signed by the judge. Your modification case is not final until you do so.
2. Get a certified copy of your Order Modifying the Parent-Child Relationship and any other orders signed by the judge from the clerk while you are there. The clerk may charge a fee for the certified copies.
3. If child support was ordered, ask the clerk what you need to do to set up a child support account. If child support was changed or terminated, ask the clerk to send a copy of the income withholding order for support to the employer of the person who is or was ordered to pay child support.
4. Complete and submit the Record of Support Order to the county’s clerk of the court to set up the child support account.

Send a file-stamped copy of the Order Modifying the Parent-Child Relationship to each respondent.

Follow these additional steps if they apply:

1. If you were ordered to pay child support, cash medical support, or dental support, learn about payment options here: Texas Attorney General - Child Support Payment Options. If you have any questions, call the Office of the Attorney General Child Support Division at 800-252-8014. Do not send child support payments directly to the other parent.
2. If the other parent was ordered to pay child support, medical support, or dental support to you and doesn’t pay, you can contact the Texas Attorney General Child Support Division for help enforcing your order.