When a caregiver contacts the OAG and indicates that the child(ren) on the case is no longer living with the original custodial parent and requests a modification, an application for services is sent to the person with physical possession of the child in order to create a new case. The court order does not change until the judge changes it.
If you do not go through the OAG’s office, parties typically file a motion for modification to change conservatorship or possession rights, instead of the Notice of Change of Status discussed below.
A Notice of Change of Status may be filed with the OAG when the:
• Custodial parent voluntarily relinquishes the primary care of the child, or
• Person with physical possession of the child has applied for or been referred to the OAG for child support services and the change of possession is permanent, and
• OAG has verified the change in physical possession.
The person with physical possession of the child does not need to have possession for six months prior to filing legal action. The OAG uses one of the following documents to verify the change in possession:
• Judicial finding of possession
• Child’s school or day care records
• Affidavit from the person in possession
• Uncontested affidavit of possession signed by the NCP, provided OAG staff attempt to confirm that CP’s relinquishment of possession was voluntary
• Possession affidavit completed by the CP
• Other appropriate documentation of possession, including records from the Health and Human Services Commission (HHSC)