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Agreed Modification of Order Affecting Parent-Child Relationship


This package is for an agreed modification of an Order Affecting a Parent-Child Relationship ( a child custody order).


This package is for when you and the other parent of your children want to revise some part of your existing order regarding your kids, and it is 100% agreed. This can be something as simple as changing visitation or adjusting child support. As joint conservators, you have great freedom to agree to what you want with respect to your children. The key is for the modification to be agreed.


If you have a truly agreed modification, this package will help you complete your modification quickly and inexpensively.


Here are the key steps involved in an agreed modification in Texas:


  • Eligibility: Must be a Texas resident for 6 mo. and a resident of Travis, Williamson, or Hays county for 90 days (for other counties, contact us by email).
  • Joint Agreement: Both conservators must agree on all issues to be modified to be eligiable.  For this fixed-fee modification, we do not negotiate any term and do not do anything to convince the other party to agree to your terms or requested modification. 
  • Draft. Petition for Modification, signed by both, outlining the required elements and explaining the modification requested. Note: Joel's law firm, Levatino Pace PLLC, may only represent one conservator (parent).
  • File. Petition is filed with district court (fees apply) in county of filing.
  • Preparation of Waiver of Citation. After filing, the other spouse must sign a Waiver of Citation which eliminates the need to have them served. This waiver does not waive any other rights other than service.
  • Court Appearance: Attend an uncontested hearing that will last about 15 minutes (actual time before the court) to prove up the modification and have the court sign the new order. 
  • Signed Final Order: Leave the hearing with your signed new modified order.

Agreed Modification

  • This package includes the following:

    • Initial interview or meeting (either by phone or Zoom; limited to 1 hour).
    • Providing you with a written questionnaire to assist you in gathering all required information and documentation for drafting the agreed petition for modification of order affecting the parent-child relationship, the waiver of citation for the other party, and the Agreed Order Affecting Parent-Child Relationship.
    • Drafting an Agreed Petition for Modification of Order Affecting the Parent-Child Relationship and filing same with the Court (approximately $400 filing fee included in price).
    • Drafting a waiver of citation for the other party or having them served (citation and service fees are extra).
    • Communicating with the other party to obtain agreement on all required documents. This includes (1) obtaining a signed waiver of citation (or having them served if they refuse) and (2) presenting the draft Agreed Order Affecting Parent-Child Relationship to the other party and their attorney and negotiating the same. If the other party is not represented, we will also prepare an acknowledgment for the other spouse that they are knowingly proceeding without an attorney and that they understand that we represent only you.
    • Revise and edit the draft Agreed Order Affecting Parent-Child Relationship as required (maximum of 3 substantive edits).
    • Attending the prove up hearing to have the Agreed Order Affecting Parent-Child Relationship signed.

    What is NOT included:

    • This package is for a 100% agreed modification of a prior SAPCR order. 
    • Under no circumstances does this package include a contested modification or enforcement. To be clear -  this package only applies to a modification that is 100% agreed. If there is any disagreement on any issue, regardless of the number of disputed issues, then the matter shall be converted to an hourly fee agreement.
    • If we determine at any time that your modification is not 100% agreed, we reserve the right to change this matter to an hourly fee agreement. If you refuse, we will withdraw as your attorney, to which you agree.
    • Any refund of fees is subject to our Terms & Conditions.
    • The flat fee cost does not include fees for issuance of the citation or service of citation. The cost for issuance of citation is generally about $100. The cost to serve citation is generally between $75 - $150.00. The client is responsible for paying these fees in advance if required. If issuance and service are required, we will notify you and require payment prior to proceeding. 
    • The fee does not include copies or certified copies of the Agreed Order Affecting the Parent-Child Relationship. The client is responsible for paying for such copies at the time of the final hearing. 
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