Related Legal Issues

Related Legal Issues |

Title

(Modification) I need to change a custody, visitation, or support order.

This toolkit tells you how to change (modify) an existing custody, visitation, child support, and medical and support order. FORMS ARE INCLUDED.

This toolkit includes:

Instructions & Forms you can use to file a modification case to change an existing custody, visitation, child support or medical support order.
- Use the first set of instructions if everyone agrees.
- Use the second set of instructions if you don’t think the child’s other parent (or anyone else named as a respondent in your case) will participate in the process.
- Note: If you are not sure if your case is uncontested or contested, read Is my modification suit contested or uncontested?
Frequently Asked Questions about filing a modification case.
Articles on topics related to custody, visitation, child support, and medical and dental support.

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WARNING! The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.

Instructions & Forms

Instructions & Forms for an Agreed Modification

Instructions and Forms for a Default Modification

Frequently Asked Questions

How do I change an existing custody, visitation, child support or medical support order?

You can ask a judge to change a custody, visitation, child support or medical support order by filing a modification case.

Who can file a modification case?

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

You are listed as a party in the current order. or
You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent. or
You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died. or
You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and:
- Both parents are dead. or
- Both parents, the surviving parent or managing conservator agree. - or -
- The child’s present circumstances will significantly harm the child’s physical health or emotional development.

The Texas Attorney General Child Support Division can also file a modification case.

Is my modification suit contested or uncontested?

TexasLawHelp.org has instructions for uncontested Suits to Modify the Parent-Child Relationship. Your modification suit is uncontested if it can be finished by agreement or by default.

Your modification suit can be finished by agreement if you and the other parent agree about all the issues (including custody, visitation and child support) and are both willing to sign the modification suit forms.
Your modification suit can be finished by default (without the other parent) if the other parent is served and does not file an answer or otherwise appear in court.

Your modification suit is contested if the other parent files an answer or waiver of service and will not sign the Order Modifying the Parent-Child Relationship. To finish a contested modification suit, you must set your case for final hearing and give the other parent at least 45 days’ notice of the hearing. It’s important to talk with a lawyer if your case is contested.

Read this article to learn more: How to Set a Contested Final Hearing (Family Law).

Can the Attorney General help me change a court order?

Maybe. Learn when the Texas Attorney General Child Support Division can help and how to apply for their services here: Texas Attorney General - Frequently Asked Questions about Child Support Modifications.

Do I need a lawyer to help me with my modification case?

You do not have to have a lawyer to file a modification case. But if it is a contested case, you should.

Before filing your case it’s a good idea to talk with a lawyer about your situation. A lawyer can explain your rights and options.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming free legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.

How much does it cost to file a modification case?

When you file a court case, you must usually pay a “filing fee.” If you need to have the other parent (or other conservator) served, you must also pay an “issuance fee” and a “service fee.” These fees vary by county. Contact the district clerk’s office in the county where you plan to file your case to learn the fees.

If you don’t have enough money to pay the fees, you can ask a judge to waive the fees by completing and filing a Statement of Inability to Afford Payment of Court Costs. Read this short article to learn more: Court Fees & Fee Waivers.

Where do I file a modification case?

You must file a modification case in the Texas county where the current order was made.

If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.

If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case. Use our Legal Help Finder tool for help finding a private lawyer or free or low-cost legal help in your area.

What if my order is from another state?

Ask a lawyer to help you determine if Texas has jurisdiction to change your out-of-state order.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.

What if my order is from Texas but the child, the other parent or I now live in another state?

Ask a lawyer to help you determine if the Texas court that made your order still has jurisdiction to change your order.

If you need help finding a lawyer, you can:

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
Use Ask a Question to chat online with a lawyer or law student.