Circumstances change.  If the circumstances of either parent or the children change substantially, it may be necessary to ask the Court to modify the Court’s orders regarding child custody, visitation, rights and duties of parents, or child support.

If the parties all continue to live in the county where the last order was entered, the modification will be filed in the same court that entered the prior order.  If all of the parties remain in Texas, but the child does not live in the county where the previous order was entered, the modification will still be filed in the original court.  However, either party may request the court to transfer the case to the county where the child has been residing for the six months prior to the filing of the modification lawsuit. If either party lives outside of Texas, special interstate laws apply.

CHILD CUSTODY MODIFICATION

To modify custody in Texas, it is normally necessary to present evidence that there has been a material and substantial change of circumstances for the child or one of the conservators and that the requested modification is in the best interest of the child.  If the custody modification is sought within one year of the prior order, it will also be necessary to prove that the present environment of the child may endanger the child’s physical health or emotional development.  A custody modification may also be filed if the custodial parent has voluntarily relinquished the primary care and possession of the child to another person for at least six months, or if the child is over the age of 12 and has filed a statement with the court expressing his or her preference of the parent with whom the child should primarily live.  If either of these circumstances exist, it is not necessary to prove potential harm for the child if bringing the modification suit within one year of the prior order.

As in the original divorce action, if the custody modification lawsuit is contested, the Court may order a social study be performed on both conservators seeking custody, and either party may request a jury trial to determine which parent should be granted the right to determine the child’s primary residence.

CHILD SUPPORT MODIFICATION

To modify child support in Texas, it is necessary to prove either that the circumstances of the child or a conservator has materially and substantially changed since the last order was rendered, or, if the last order was rendered more than three years before the present action, that the amount of child support in the last order deviates from the current child support guidelines calculation by 20% or $100.00.  At the time of the final order in the child support modification case, the Court can order that the child support will be modified retroactively back to the date the modification lawsuit was filed and/or served on the other party.

Although either party may request the Attorney General's child support office to process the child support modification case, most parties prefer to retain an experienced family law attorney who will be able to obtain faster and often more advantageous results.  At the Guerra Law Firm, PLLC, the client gets the best of both worlds.  We quickly file and process the court action, while coordinating our efforts with the Attorney General's office so the client will have the benefit of using the vast technological and informational resources that the State agency can provide.

CHILD VISITATION MODIFICATION

To modify the schedule for visitation and possession of the children,  it is necessary to prove that the circumstances of the child or a conservator has materially and substantially changed since the last order was rendered and that the requested change is in the children's best interest. Quite often parents can agree to changes in their visitation periods and have no need to modify the court order.  However, if conflict about the visitation period cannot be resolved, the court will help fashion an order.  Although the courts presume that the Texas Standard Possession Order is appropriate most of the time, judges will modify that order when the travel distance between parents or a parent's work schedule make it impractical to follow the Standard Possession Order.  In addition, modification of the terms of visitation may be needed if it is necessary to protect the children from potential harm.