Modifications include: changing child custody, child visitation, child support or spousal support. In many cases, initial orders during a divorce, final orders after a divorce, or orders regarding child support or custody may need to be modified. This can happen because of changing life circumstances or simply because a former partner is disputing the agreement and fails to meet his or her obligations, financial or otherwise. Changing the terms of a negotiated settlement or a court order is accomplished with a modification order. Whether you are seeking a child support modification or a change to a child custody agreement, we can provide all of the information and legal advice you need, as well as prepare and file the appropriate documents for you.
Custody / Conservatorship
Custody, known as conservatorship in Texas, and parental involvement, can be revisited, subject to approval by a family court judge. The parent seeking to modify conservatorship or possession must show a material change in circumstances. Generally, the law requires a substantial change in circumstances in order to modify custody.
- Changes in primary conservatorship — Switching primary custody (as when a child expresses a wish or desire to live with the other parent), or a motion to alter sole managing conservatorship to shared or joint conservatorship.
- Modifications of possession and access — Life changes such as new employment or remarriage might require a new parenting agreement to address overnight visits, pick-up times, vacations, and other specifics.
- Rights, privileges, duties — If one parent or both fails to exercise the best interests including education, medical or other issues involving the child.
Child support obligations can be modified for a "material or substantial change" in income, such as unemployment or decrease or increase of income. The level of support can be modified to reflect a change in expenses and income if it has been at least three years since the previous order was entered and child support is out of compliance by either 20% or $100.
The information presented here is a general guideline and should not be interpreted as a guarantee. Results may vary from case to case depending on the facts and circumstances of your case.