A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name changed back to her married name from her maiden name. This form is a generic motion and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce Decree Modification With Child Texas
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US-01385BG
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How to fill out Motion To Modify Or Amend Divorce Decree To Change Name Back To Married Name?
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If you have been served with modification papers and want to have a say in the case, you must file (turn in) a Respondent's Original Answer form with the court. If you don't, the petitioner may finish the modification without you. Get answer forms in the Instructions & Forms section of this guide.
To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
When attempting to modify existing custody or visitation rights, the child's circumstances or the circumstances of either parent must have materially and substantially changed. In Texas, courts will almost always consider the remarriage of one or both parents to be a material change in circumstances.
In Texas, in order to receive a modification of a divorce decree, the party must show a material and substantial change in circumstances of one or both of the parties or a child. Not every change in circumstances is sufficient to require a modification to an agreement or court order.
A Modification of your Divorce Decree can be filed in the same court that heard your original divorce. If you believe that the change in circumstances of someone related to that decree has changed so substantially as to merit a modification, then you can do so.