Need Divorce Modification in Texas?
Modify Child Custody or Child Support with an Attorney’s Help
A child custody order sets forth the custody and parenting time rights after a divorce or paternity action. In order to modify a child custody and visitation rights order, the burden is on the parent seeking the change. The court assumes that the status quo is best for the child. The legal phrase that the parent seeking the modification must show is a substantial change in circumstances. Without such a showing, a court will not modify the order.
This is also true for parents seeking modification of child support to either a higher amount or a lower amount. One of the most common reasons to adjust child support is because there has been a significant change in income levels. This is often in situations where one of the parents received a promotion or was laid off.
John K. Grubb offers aggressive divorce representation. He is ready and able to petition the court to obtain necessary modifications of child support or child custody for his clients.
What Constitutes a Substantial Change in Circumstances for Child Custody?
Some examples of what might qualify as a substantial change for Texas child custody modification include:
- The custodial parent wishes to move. You can only relocate children during or after a divorce if you have an agreement of the parents or by court order.
- The custodial parent engages in substance abuse or illegal activity. If the custodial parent’s conduct might harm the child, the non-custodial parent can seek sole custody or a modification of a previous order.
- The custodial parent has a substantial change in lifestyle. Apart from illegal activity, the custodial parent might do things, like working the night shift, that affects his or her ability to supervise and raise the child. The non-custodial parent can seek modified or additional visitation rights based on this type of change.
Need Modification of Child Support in Texas?
Child support payment amounts are not set in stone; you can modify them as circumstances change. In Texas, child support must continue until the child is 18 years old or graduates from high school, whichever is later.
If one or both parents want to adjust child support payments, you can often put together the changes in an agreement that both parties sign. The Court can also adjust child support payments, as dictated by Texas child support law.
If you reach a situation in which you need adjustments to your child support arrangement, make them as quickly as possible. Changes cannot go in effect until after you file a request for modification. Due to this, we often advise our client to seek the advice and counsel of a Houston child support attorney as soon as possible. This gives time to prepare the necessary paperwork quickly.
Can You Change a Divorce Decree?
Yes, you can change or modify a divorce decree, particularly the provisions regarding child custody and child support upon a showing a substantial change in circumstances.
Modifying a child custody or child support order is not easy. A lot of effort goes into deciding them in the first place. Courts presume that the order already protects a child’s best interests. A non-custodial parent has an uphill battle to persuade the court that the order is incorrect. Therefore, it is best to speak with a Houston family lawyer at John K. Grubb & Associates, PC as soon as you can. We can then discuss modifying child custody, visitation or a child support rights order.