Katy Divorce &
Child Custody
Modifications
Lawyer

• A period of three years has passed since the divorce process was finalized.
• A substantial change in circumstances has occurred.

Material and substantial changes

Material and substantial changes include things like:

• One party has another child.
• One party becomes disabled or unemployed.
• One party has a significant increase or decrease in income.

What Can be Modified?

The Texas Family Code states that modifications can be allowed for child support, child custody, and spousal support. If you are unsure if your order can be modified, get in touch with our Katy divorce attorneys today.

Modification of alimony

Spousal support changes are the most common changes that clients ask us to deal with. This relates to how much money a person must pay their ex-spouse after a divorce. Spousal support was created so that parents who have sacrificed careers to look after children or spouses who have made other large sacrifices for the marriage, have financial support when they leave the relationship.

There are many reasons why a change in circumstances could mean that a person can no longer financially afford to pay alimony, which is why modifications are permitted. To seek a change in the amount you have to pay in terms of spousal support there needs to be substantial evidence that there has been a significant change in circumstances. Examples of this might include an injury that prevents a person from working in the same capacity or a serious illness that means someone cannot work.

Child support modification

A period of 3 years must usually have elapsed in order for a child support order to be changed, and there must be a significant change in circumstances to allow for the changes. Some examples of why a court would find grounds for a child support modification include:

• A large increase in salary for the party paying child support, meaning they can afford to pay more in child support.
• A former spouse has lost their house or job.
• The child needs a lot more financial support in order to further their education.
• The child has developed medical problems that require financial support to facilitate.

What Is A Child Custody Modification?

When a couple goes through the divorce process, their child custody arrangements are agreed upon and outlined in the final divorce decree. This is a court order and parents must file a formal child custody modification with the court to change the arrangements.

Generally, a motion to modify child custody will be closely scrutinized by the courts. The implications of a change in schedule for a child can be substantial. This change could result in an interruption in education, leaving groups of friends and family, and general disruption to a child’s life.

A court will not generally grant a modification for seemingly trivial reasons, so you need a well-evidenced case to modify your custody agreement. Seek the advice of a Katy modification attorney to ensure that you have a strong case for modification.

How Do I File For Child Custody Modification?

In Texas, custody modification must be filed with the courts in the same county where the current order was made. However, if the child has lived in another county for at least 6 months, you can ask for the case to be transferred to the child’s current home county after filing in the original county. You may encounter complications if you are looking to file a modification across state lines and different jurisdictions or if your original order is not from Texas. In this situation, it is best to seek the advice of a child custody attorney.

Grounds For Modification In Texas

Texas family law aims to ensure that a custody agreement consistently supports a child’s best interests. The court will consider a child custody modification in the following situations:

• Both parents agree to the modification.
• The child is over 12 years old and states a preference to change their primary custodial parent which is taken into consideration by the Judge but, not an absolute for modification
• The individual with primary custody has voluntarily relinquished caregiving responsibilities for the child to another adult for at least 6 months before the modification.
• There has been a material change in the circumstances of one of the individuals involved in the custody order. These include the child, parents, or anyone else involved.

Parent Relocation

If you or your former spouse are planning to relocate out of state or a fair distance from the current location, this could impact a parent’s ability to maintain the current custody agreement. As such, parental relocation can justify the court granting a custody modification. However, before deciding, the court will review how the move impacts visitation and how the parents communicated to make the current visitation schedule work. The court will also consider the parent’s motivation for moving, how the relocation may impact the child’s life, considering the distance from extended family, friendships, and extracurricular activities.

If you are looking to relocate and modify your custody agreement, or if your ex is planning to relocate and may alter your custody, seek legal representation to ensure you protect your rights and find the best solution for your family.

Interference With Visitation

The presence of both parents in a child’s life is a priority in Texas law. If either parent attempts to interfere with the visitation schedule outlined in their court order, this could be grounds for a custody modification. A parent may interfere with the visitation schedule due to conflicting commitments, personal problems with the other parent, or if they are using visitation as leverage in other matters.

Before a court approves a modification due to visitation interference, parents will need to review the visitation schedule. The court will consider how they communicate together and the reasons that the schedule was not followed.

Types Of Child Custody Modification

There are three main types of modification in Texas family law that depend on both parents’ response to the initial request to modify. These are modification by agreement, modification by default, and contested modification. Legal representation will benefit you in this process regardless of the type of modification you pursue. However, in some situations, legal representation may be more important to secure a successful outcome.

Modification By Agreement

In situations where both parents agree when determining custody, this can be a relatively simple process to complete. In a modification by agreement, both parents propose the agreed changes to the court for approval. The Judge then reviews the proposal, and provided that the new arrangement remains in the child’s best interest, it is likely to be approved.

Although a modification by agreement may seem like the ideal situation, it is still important to make sure your rights are protected. Legal representation from a child custody attorney will protect you in these situations and ensure that your case does not result in an unsatisfactory custody agreement.

Modification By Default

When one parent wishes to modify an agreement, they will serve the other parent with the proposed changes. The other parent has 20 days to respond to this proposal, whereby they can agree to the terms or contest them. If a parent does not respond within the allotted time, the custody modification is then approved by default. In this circumstance, the case is resolved without the other parent’s input. If you have been served with child custody modification papers, you must respond to ensure your voice is heard.

Contested Modification

In all custody modifications, parents can agree to a new custody arrangement between themselves and present this to the court for finalizing. However, co-parenting relationships can be complex and parents do not always see eye-to-eye on all parenting issues. Time spent with your child is often a parent’s utmost priority, as such custody arrangements can often be an area of disagreement. If you and your ex spouse cannot agree on the terms of the modification, one parent may file a modification.

To resolve a contested modification, a hearing is scheduled where a court will make the final decision on the terms. An attorney can help you to navigate the procedures of a hearing to give your case the best chance of success.

A family law attorney is recommended in most cases of custody modification, however, an experienced attorney is more essential in contested modification cases. You may face challenges in the hearing if your child’s other parent disagrees with your modification proposal and it is likely that they will have legal representation to fight the changes.

Modification To Custody Within One Year

To reduce continued disruption to a child, in most circumstances custody agreements must remain in place for one year in Texas before being changed. In certain situations, usually, when a modification is required to keep the child safe, the custody order can be adjusted within the year.

Circumstances in which a modification within the year may be approved include, when the child’s safety is at risk, when the adult who has primary custody requests the change or agrees with the change, or when someone other than the custodial parent has been the primary caregiver for at least 6 months.

What Traits Should I Look For in a Family Law Attorney?

It can be a daunting task looking through the many family lawyers and law firms that could handle your Texas divorce case. Most people have never needed representation from a lawyer before and this means they have no idea where to start. When it comes to seeking help for family law issues, complex divorce cases, marital property division, and helping you win a custody battle, you want the best in the business.

To begin with, we highly recommend that you only seek help from law firms that offer an initial consultation. These firms will be willing to give you some advice, help you with any questions you have, and will usually evaluate your case. This will help you feel comfortable and ensure you proceed with the attorneys you felt most confident in.

Experience in family law matters

Your attorney should be able to showcase their wins and referrals from previous clients in the Katy, TX area. If they are hesitant to do so or have bad reviews on independent review sites, stay well clear.

Accessibility

While you should never expect to have 24/7 around-the-clock access to your attorney, you should feel like they respond to your queries in a prompt manner and that they make time for you as a client. Remember, the better the attorney, the busier their caseload will probably be.

Questions to ask a potential divorce attorney

• Do you have experience dealing with cases just like mine?
• What is your specialization?
• Do you have a record of previous wins and testimonials?