NO. _____________________
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF: §
§
___________________________ §
(Name of Original Petitioner) §
§ ________________, COUNTY, TEXAS
AND § (Name of County)
§
____________________________ §
(Name of Original Respondent) § _______________ JUDICIAL DISTRICT
§ (Number)
Joint Motion to Modify Divorce Decree
Comes now _____________________ (Name of Petitioner) , Petitioner , and
_____________________________ (Name of Respondent) , Respondent, and jointly move
the court for an order modifying the decree filed in this action on _________________ (date
of filing) , in order to remove sole custody of ________________________ (name of child)
from Petitioner and grant joint legal custody of _____________________ (name of child) to
Petitioner and Respondent. This motion is made on the grounds that the circumstances of
the parties have changed since the entering of the decree, and that the granting of joint legal
custody to Petitioner and Respondent would be a positive improvement for the child.
1. Petitioner , __________________________ (Name of Petitioner) , who is _____
years of age, resides ________________________________________________________
________________ (street address, city, county, state, zip code) .
2. Respondent , ____________________ (Name of Respondent) , who is _____ years
of age, resides _____________________________________________________________
____________ (street address, city, county, state, zip code) .
3. On __________________ ( date of decree of divorce) , this court rendered a decree
of divorce dissolving the marriage between Petitioner and Respondent. A copy of the
divorce decree is attached to this Motion as Exhibit A , and incorporated herein by
reference.
4. Petitioner was the petitioner in the divorce action and was awarded full custody of
the parties' minor child, _______________________ (name of child) , who is ______ years
old and whose date of birth is ____________________ (date) .
5. This court has continuing jurisdiction of this action.
6. ____________________ (Name of child) desires to live with, and is now living with
Respondent.
7. Petitioner and Respondent desire that each shall have joint legal custody of the
______________________ (Name of child) with Respondent having primary residential
custody. Petitioner and Respondent have agreed that on all matters of importance
concerning the health, education, and welfare of __________________ (name of child) ,
they will confer with each other with a view to adopt and follow those policies which are in
the best interests of ___________________ (name of child) .
8. Petitioner and Respondent have agreed to communicate with each other on a
regular basis concerning the health, education and welfare of ____________________
(name of child) , and will share and make accessible to each other all school and medical
reports and such other documentation of like kind and character which may come into their
possession. Petitioner and Respondent have agreed to permit and encourage
communication by the other with teachers and school personnel regarding the educational
progress of _______________________ (name of child) , and that each party has an
affirmative duty to promptly notify the other of illness or of such other significant and
important matters affecting the health, education and welfare of ______________________
(name of child) .
9. Petitioner and Respondent have agreed that Petitioner shall have broad, reasonable
and liberal timesharing with ______________________ (name of child) at times and on
dates to be agreed upon by the parties. At a minimum, however, Petitioner and Respondent
have agreed that Petitioner shall have time with ___________________ (name of child)
every other weekend commencing at approximately _____________ (time of day) on
________________ (day of week) and continuing until approximately ________ (time of
day) on _________________ (day of week) , and every __________________ ( day of
week) between the approximate hours of __________ (time of day) and __________ (time
of day) . Petitioner and Respondent have agreed that additional timesharing shall be
scheduled to include extended blocks of time, including, but not necessarily limited to,
consecutive days or weeks during summer recess and school holiday weeks (e.g.,
Christmas, mid-winter and spring recesses, etc.) , and to cooperate relative to a fair
allocation of timesharing on the birthdays of __________________ (name of child) and all
holidays. Respondent has agreed to cooperate with facilitating the transportation of
__________________ (name of child) to and from all timesharing with Petitioner.
10. Petitioner and Respondent have agreed to conduct themselves in a manner that
shall be in the best interests of ________________ (name of child) , and that neither shall
do anything which shall adversely affect the morals, health or welfare of ________________
(name of child) .
11. Petitioner and Respondent have agreed that Respondent shall be the sole provider
for the financial needs, health and physical welfare of ________________ (name of child) ,
and will claim the dependency exemption and child tax credit attributable to
_____________________ (name of child) on his income tax returns beginning _________
(year) .
WHEREFORE, Petitioner and Respondent move that:
1. The court modify that portion of the original decree as follows:
A. Petitioner and Respondent shall each shall have joint legal custody of the
______________________ (name of child) with Respondent having primary residential
custody. On all matters of importance concerning the health, education, and welfare of
_____________________ (name of child) , Petitioner and Respondent will confer with each
other with a view to adopt and follow those policies which are in the best interests of
____________________ (name of child) .
B. Petitioner and Respondent shall communicate with each other on a regular
basis concerning the health, education and welfare of __________________ (name of
child) , and will share and make accessible to each other all school and medical reports and
such other documentation of like kind and character which may come into their possession.
Petitioner and Respondent shall permit and encourage communication by the other with
teachers and school personnel regarding each child's educational progress, and each party
shall have an affirmative duty to promptly notify the other of illness or of such other
significant and important matters affecting the health, education and welfare of
___________________ (name of child) .
C. Petitioner shall have broad, reasonable and liberal timesharing with
__________________ (name of child) at times and on dates to be agreed upon by the
parties. At a minimum, however, Petitioner shall have time with _________________ (name
of child) every other weekend commencing at approximately _________ (time of day) on
________________ (day of week) and continuing until approximately _______ (time of
day) on _______________ (day of week) , and every ________________ ( day of week)
between the approximate hours of __________ (time of day) and ___________ (time of
day) . Additional timesharing shall be scheduled to include extended blocks of time,
including, but not necessarily limited to, consecutive days or weeks during summer recess
and school holiday weeks (e.g., Christmas, mid-winter and spring recesses, etc.). and to
cooperate relative to a fair allocation of timesharing on the birthdays of _________________
(name of child) and all holidays. Respondent shall cooperate with facilitating the
transportation of ___________________ (name of child) to and from all timesharing with
Petitioner.
D. Petitioner and Respondent shall conduct themselves in a manner that shall
be in the best interests of __________________ (name of child) , and neither shall do
anything which shall adversely affect the morals, health or welfare of __________________
(name of child) .
E. Respondent shall be the sole provider for the financial needs, health and
physical welfare of __________________ (name of child) , and may claim the dependency
exemption and child tax credit attributable to _________________ (name of child) on his
income tax returns beginning ___________ (year) .
2. Petitioner and Respondent further move that the court grant such further relief as it
deems just and proper.
RESPECTFULLY SUBMITTED this the _____ day of _____________, 20_____.
____________________________
Printed Name of Petitioner
____________________________
Signature of Petitioner
____________________________
Printed Name of Respondent
____________________________
Signature of Respondent
STATE OF TEXAS
COUNTY OF ________________
Personally appeared before me, the undersigned authority in and for the aforesaid
jurisdiction, the within named _____________________ (Name of Petitioner) and
_______________________ (Name of Respondent) who, after having been first duly
sworn, stated on oath that the matters and facts set forth in the above and foregoing Petition
are true and correct as therein stated.
____________________________
Printed Name of Petitioner
____________________________
Signature of Petitioner
____________________________
Printed Name of Respondent
____________________________
Signature of Respondent
SWORN to and subscribed before me, this the _______ day of _______________,
20______.
_____________________________
Notary Public
My Commission Expires:
_____________________
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