Modifications of child custody and support in Texas
For divorcing parents, determining child custody, visitation and child support may be the most important aspects of the divorce process, since no parent wants to be without his or her child. Sometimes there is concern that a child custody order or child support order cannot be changed. In Texas, courts have the ability to modify those orders dependent on certain circumstances.
May 10, 2013
Modifications of child custody and support in TexasArticle provided by Fullenweider Wilhite
Visit us at http://www.fullenweider.com
For divorcing parents, determining child custody ("conservatorship"), visitation and child support may be the most important aspects of the divorce process, since no parent wants to be without his or her child. Sometimes there is concern that a child custody order or child support order is set in stone. In Texas, courts have the ability to modify those orders dependent on certain circumstances.
Modification of child custody order and visitation order in Texas
In Texas, any person who is impacted by a child custody order or visitation order may ask the appropriate court to modify the order. Before a court may grant a modification to a child custody or visitation order, the court must find a number of requirements and the requirements are dependent on the amount of time that has passed since the original order was created.
If the modification is requested within 12 months of the initial child custody order, the petitioner, or the person who requests the modification, must demonstrate one of three things:
-The person entitled to establish the child's primary residence is consenting to or bringing the motion for the best interest of the child;
-The person entitled to establish the child's primary residence has voluntarily given care and possession to another person for at least six months and a change would be in the child's best interest; or
-The child's present environment may endanger the child's physical health or significantly impair the child's emotional development.
Any child custody modification request must also meet the following factors, including a modification request made within 12 months of the original, if the modification would be in the best interest of the child and:
-That the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the earlier of the rendition of the date of the signing of a mediated or collaborative law settlement agreement which the order is based;
-That a child at least 12 years of age and has expressed to the court in chambers the name of the person who is their preference to be the primary conservator; or
-That the primary managing conservator has voluntarily relinquished the primary care and possession of the child to another person for at least six months.
Parents often ask for a change in a custody order when they face the acceptance of a new job in a different geographic area or remarry. Therefore, it's important to understand the meaning of "material and substantial change." In Texas, the court identifies certain events that meet the definition. Events that may amount to a material and substantial change are a change in employment, residence, medical condition, marriage, age and criminal history. If the relationship between the two divorced parents becomes unworkable that may also qualify as a material and substantial change.
Modification of child support order
To begin, the court cannot change a child support obligation that has occurred in the past. The court can only change future child support obligations. Like the modification of a child custody order, the court may change the child support order if the circumstances of the child or a person impacted by the order have materially and substantially changed. However, a support order can also be changed if it has been in effect for over three years and the application of the child support obligations would change the obligation by 20 percent or $100.
The modification process and a family law attorney's importance
In Texas, the modification process for a child custody order or child support order begins with a petition to the court asking for a modification. The assistance of an experienced family law attorney is extremely beneficial since the petition requires certain items and must be properly served. The court may enter a temporary order before the requested change is finalized. The other party may not agree to the request and may contest it. This means the issue may go to trial where the assistance of a qualified attorney is even more important.
If you would like to modify your child custody order or child support order, contact an experienced family law attorney who can help you best present your case.