Houston Modifications Attorneys

How to Modify a Child or Spousal Support Order in Texas

In Texas, parents have two options when they want to modify a custody order:

1. File an agreed modification. If both parties involved in the custody order agree that modifying the order serves the child's best interests, they can draft an agreement detailing how they want to modify the order. The parties can file an agreed modification case with the court. The court will review the proposed modification to ensure it suits the child's best interests and then the court will either approve or reject the modification. Generally, getting an agreed modification approved and signed by the court takes relatively little time, especially if the parties work with modification attorneys to ensure the agreement is legally sound.
2. Proceed with a contested modification. If the parties disagree on whether a custody order should be modified, the party who wishes to modify the order must file a petition to modify the parent-child relationship. At trial, both parties will have the opportunity to appear in court and present evidence to the judge supporting their case. The court will then make a final decision to either grant or deny the modification.

A parent wanting a modification of his or her existing spousal or child support order first must establish that he or she meets the statutory requirements to do so. Courts generally modify spousal and child support cases if the individual filing the case can demonstrate that:

• One party involved experienced a significant change in circumstances (such as losing their job, getting a promotion, marrying another individual, etc.);
• The difference in need is greater than a certain amount per month or percentage of the existing payment amount;
• The current arrangement has not been modified within the last three years.

Additionally, the court will assess whether a current child support order acts in the child's best interests before making a final judgment. You can file a custody modification case with the same court that issued the original custody order. If you're interested in filing a custody modification case, you should consider working with an experienced custody modification attorney to ensure you file the case properly and have sufficient evidence to support your argument in front of the court.

The documentation necessary to modify an existing spousal or child support order may seem complex. Our Houston modifications lawyers can help you gather evidence and support your case in court.

How do Texas Courts Decide Whether to Modify a Custody Order?

To obtain an order modification from a court, the person requesting modification (the petitioner) must prove that:

• The circumstances of the child or either custodial party have changed materially and substantially since the court first issued the order. Typically, this means that one party lost their job, got a promotion, remarried, or experienced another significant life development.
• The child is at least 12 years old and expresses to the court in chamber’s the child’s desire to modify the order.
• The primary custodial party has allowed the child to live with a different party for at least six months.

At Diggs & Sadler, we regularly work with parents to help them modify custody orders and obtain an order that reflects their current circumstances more accurately.

"As a father seeking to modify my custody order and become the custodial parent, I was honestly discouraged and unsure if the system would be on my side. However, Rachel took the time to understand my situation and reassured me that, based on my circumstances, I had a strong case."
  - Nuke D.

When Are Modifications of Custody Orders Allowed?

Texas state law allows for modifications of custody orders under specific instances. The following grounds are considered legitimate reasons to make modifications of custody:

• A parent voluntarily wants to give up his or her custodial rights
• The child is over the age of 12 , and has expressed their desire to the court in chambers
• The circumstances of the parents involved in the original court order have substantially or materially changed

A material and substantial change in circumstances may include criminal convictions, long-distance changes in residency, the development of medical conditions that impede a parent's caregiving abilities, and more.

Modifying a visitation or possession and access order may differ slightly from modifying a custody or conservatorship order. For example, if any of the following instances occur, the court may decide to modify the terms of an existing visitation order:

• Parents engage in abusive actions;
• One or both parents relocate;
• The parents modify a divorce settlement, or;
• One party abuses a stipulated visitation arrangement

At Diggs & Sadler, our Houston modifications attorneys have decades of experience enabling clients to modify court orders.

Contact us online or via phone at (713) 766-5355 to schedule a consultation with our team.