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Counter-Petition to Modify the Parent-Child Relationship, page 1
Moderate · 59/100Form Complexity Index

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What this form asks for

The AI fills all of it, from your answers or your documents.

This form, officially titled 'Counter-Petition to Modify the Parent-Child Relationship,' is a legal document used in Texas family court. It is filed by a respondent who has been served with a 'Petition to Modify the Parent-Child Relationship' and wishes to not only answer but also request their own changes to the existing orders for custody, visitation, or child support. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields276
Pages11
Form Complexity IndexModerate, 59/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Petitioner Identification Completeness

This check ensures that the petitioner provides either the last three numbers of their driver's license or the last three numbers of their social security number. If the petitioner indicates they have neither, the form can be accepted. This is crucial for court identification purposes and to prevent fraudulent filings. Failure to provide one of these identifiers when available will result in a validation error prompting the user to complete the required information.

Child Information Completeness

For each child listed in Section 3, this validation verifies that the child's name, a valid date of birth, and the county/state of current residence are all provided. Incomplete information for any child can delay the case and lead to incorrect court orders. If any of these three fields are missing for a listed child, the submission will be rejected until all information is supplied.

Current Order Date Validity

This validation checks that the date entered for when the current court order was signed (Section 4) is a valid, correctly formatted date and that the date is in the past. This date is essential for establishing the timeline and jurisdiction of the modification request. An invalid format or a future date would be nonsensical and will cause the form to be rejected, requiring the user to input a valid historical date.

Standing Sub-Option Requirement

In Section 5, if the petitioner checks the box indicating they are a grandparent or other relative, this validation ensures they also check one of the required sub-options (e.g., 'both parents are dead'). This is a legal requirement to establish standing to file the case. A failure to select a required sub-option will prevent submission and prompt the user to specify the legal basis for their standing as a relative.

Custody Change Within One Year Logic

This check validates the logic in Section 6. If the user checks 'I am asking to change primary custody and it has been less than one year,' it then requires that one of the subsequent four reasons is also checked. Furthermore, it flags that a 'Declaration in Support of Changing Primary Custody within One Year' form must be attached. This is critical because changing custody within a year has a higher legal burden, and failure to provide the required justification and attachment will result in the request being denied.

Conservatorship Selection Consistency

This validation ensures that if 'I ask the Court to change conservatorship (custody)' is checked in Section 10, then one of the specific conservatorship arrangements (options a, b, c, d, e, or f) must also be selected. Conversely, if 'I do not want to change conservatorship' is selected, all subsequent conservatorship options must be disabled or cleared. This prevents contradictory or incomplete requests regarding custody, ensuring the court receives a clear petition.

And 8 more checks
  • Out-of-State Party Affidavit Requirement
  • Support Modification Specificity
  • Public Benefits and OAG Service Link
  • Protective Order Attachment Verification
  • Joint Managing Conservator Exclusivity
  • Counter-Respondent Completeness
  • Conditional 'Other' Field Requirement
  • Signature and Contact Information Completeness

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How to Fill Out FM-Mod1-101 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the 'Counter-Petition to Modify the Parent-Child Relationship' form.
  2. Provide the case information, including the cause number and court details, exactly as they appear on the original Petition to Modify.
  3. Enter your personal details as the Counter-Petitioner and identify the other parties (Counter-Respondents) involved in the case.
  4. Specify the legal grounds for your counter-petition and clearly state the changes you are requesting regarding conservatorship (custody), possession and access (visitation), child support, and medical/dental support.
  5. Disclose any information about existing or pending protective orders involving any of the parties or children.
  6. Review all the information populated by the AI for accuracy, then e-sign and date the document before filing it with the court and serving it to the other parties.

Common Mistakes in Completing FM-Mod1-101

The ones the AI is built to catch.

Incorrectly Copying Case Information
Users often make typos or enter incomplete information in the 'Cause Number' and court details section at the top of the form. This happens because they are copying from another document and may misread the number or fail to include the exact court name. An incorrect cause number can lead to the filing being rejected by the clerk, delaying the legal process significantly. To avoid this, double-check that the cause number and court information are copied exactly as they appear on the original 'Petition to Modify' that was filed.
Misunderstanding Legal 'Standing'
Section 5, 'Standing,' is a complex legal section that people frequently get wrong, especially non-parents. They may check a box that does not accurately reflect their legal relationship or the circumstances required by law, such as the specific timeframes for having care of a child. This is a critical error that can cause the judge to dismiss the case entirely for lack of standing. It is crucial to carefully read the cited Texas Family Code sections or consult an attorney to ensure you qualify under the option you select.
Failing to Attach Required Supplemental Forms
The form requires attaching other documents under specific circumstances, such as the 'Declaration in Support of Changing Primary Custody within One Year' (Section 6) or copies of any protective orders (Section 21). People often overlook these instructions, assuming the main petition is sufficient. Failure to attach these mandatory documents will result in an incomplete filing, causing delays and potentially prejudicing your case. Always review each section for notes about required attachments.
Making Contradictory Custody Selections
In the highly detailed 'Conservatorship (Custody)' section (Section 10), it is easy to make conflicting choices, such as checking boxes giving both the mother and the father the exclusive right to determine the child's residence. This usually happens from rushing through the many checkboxes without reading them carefully. Such contradictions make the request legally unclear and may force the court to disregard the section, leading to an outcome the petitioner did not want. Carefully review all selections in this section to ensure they form a single, coherent request.
Providing Vague Custom Visitation Schedules
When a user selects option 13c, stating the standard visitation is 'unworkable,' they often write vague or emotional descriptions instead of a clear, structured schedule. For example, writing 'whenever we can agree' is not an enforceable order. This forces the judge to guess at the petitioner's intent or create a schedule for them, which may not be what was desired. To avoid this, clearly outline specific days, times, holidays, and exchange locations for the proposed visitation schedule.
Ignoring Insurance Availability Details
After requesting a change to medical or dental support in Sections 15 or 16, many people skip the detailed follow-up questions in Sections 17 and 18 about insurance availability and cost. This information is not optional; the court needs it to apply the Texas Family Code guidelines for setting support amounts. Omitting these details can delay the case, as the court will require the information before it can make a final ruling on support. Be sure to complete these sections fully if you are asking to modify support.
Incorrectly Handling the Attorney General Notification
In Section 19, filers must indicate if a child has ever received Medicaid or TANF, which then requires them to sign the 'Certificate of Service to the Office of the Attorney General (OAG)' in Section 24. A common error is either failing to notify the OAG when required, or signing the certificate when it's not necessary. Failing to notify the OAG when public benefits have been involved can bring the entire case to a halt until the OAG is properly served. Conversely, unnecessarily involving them can add complexity.
Forgetting to List All Necessary Parties
In Section 7, 'Counter-Respondent(s),' a filer might only list the other parent, forgetting other individuals who may have rights under the current order, such as a grandparent conservator. All parties entitled to notice must be included and properly served. Overlooking a necessary party will delay the case, as the court cannot proceed until all parties have been correctly identified and notified of the counter-petition.
Incorrectly Identifying the Current Order
In Section 4, 'Request to Change Current Order,' people often write a generic description like 'Final Custody Order' instead of the exact title found on the first page of the document they wish to modify. The court needs to know precisely which order is being addressed. Using an incorrect or vague title can create confusion and may require you to file an amended petition, causing unnecessary delays. Always locate the exact title on the original court order and copy it verbatim.
Submitting Full Personal Identification Numbers
The form explicitly asks for only the 'last three numbers' of the driver's license or social security number for identification purposes. However, many individuals mistakenly write out the full number. This not only fails to follow instructions but also creates a significant privacy risk, as the document becomes part of the public court record. To protect your sensitive data, read the instructions carefully and provide only the specific information requested. AI-powered tools like Instafill.ai can help prevent this by recognizing and correctly formatting such data fields.

Frequently Asked Questions About FM-Mod1-101

 

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From your account, in two clicks, any time. No email, no call.
How does the AI fill out FM-Mod1-101?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of FM-Mod1-101, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is FM-Mod1-101 to fill out?
FM-Mod1-101 has a Form Complexity Index of 59 out of 100, in the moderate tier: 276 fillable fields across 11 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the 'Counter-Petition to Modify the Parent-Child Relationship' form for?
This form is used to respond to a 'Petition to Modify' that has already been filed against you. It allows you, the Respondent, to ask the court for your own changes to the existing orders for custody, visitation, or child support.
Who is the 'Counter-Petitioner' and who is the 'Counter-Respondent'?
You are the 'Counter-Petitioner' because you are filing this counter-request for changes. The 'Counter-Respondent' is the person who filed the original 'Petition to Modify' against you.
What information do I need before I start filling out this form?
You will need the cause number and court information from the original petition, the title and date of the current court order, and personal details for yourself and the children. You should also have information about health insurance and any public benefits the children have received.
What does the 'Standing' section mean?
Standing is your legal right to file a case regarding the child. In Section 5, you must select your relationship to the child (e.g., parent, grandparent) to prove to the court that you are legally permitted to request a modification.
What if I want to change custody but the current order is less than a year old?
You can still ask, but you must meet a higher legal standard as outlined in Section 6. You will need to attach a separate 'Declaration' form and show that the child's current environment is harmful, the other parent agrees to the change, or another specific condition applies.
My child receives Medicaid. Is there a special step I need to take?
Yes, if your child receives or has ever received Medicaid or TANF, you must send a copy of this filed Counter-Petition to the Office of the Attorney General's Child Support Division. You must then sign the 'Certificate of Service' in Section 24 to confirm you have done this.
How do I give a copy of this form to the other parent?
You must formally deliver a copy of the filed form to the other party (or their attorney) as required by Texas Rules of Civil Procedure, Rule 21a. This legal notification process is called 'service'.
I'm worried about the other parent knowing my address. What can I do?
Section 22 allows you to ask the court to keep your personal information, such as your home address and phone number, confidential. Check the boxes in this section if you fear harassment or harm, and the court can order that information be protected.
What is the difference between 'Conservatorship' (Section 10) and 'Possession and Access' (Section 13)?
'Conservatorship' refers to legal custody rights, like who makes major decisions for the child and determines where they live. 'Possession and Access' refers to the specific visitation schedule that details when each parent has the child.
Do I have to mention protective orders on this form?
Yes, Section 21 requires you to disclose any existing or pending protective orders involving you, the other party, or a child of a party. You must provide the case details and may be required to attach a copy of the order.
What is a 'material and substantial change in circumstances'?
This is the legal reason required to change a court order, as mentioned in Section 9. It means a significant life event has occurred since the last order was made, such as a parent's relocation, a major change in income, or new needs of the child.
Can AI tools help me fill out this form?
Yes, services like Instafill.ai use AI to accurately auto-fill form fields, which saves time and helps prevent errors. The AI can use your information to quickly populate the form for you.
How do I use Instafill.ai to complete this form online?
Upload the 'Counter-Petition to Modify' PDF to the Instafill.ai website. The AI will make the document interactive, allowing you to answer simple questions and have your information automatically placed in the correct fields on the form.
The PDF of this form I have isn't fillable. What can I do?
You can use a service like Instafill.ai, which converts non-fillable PDFs into interactive forms. Simply upload your document, and the platform will make it easy to type your answers directly into the fields online.
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