Compassionate Legal Support When You Need To Modify A Family Law Agreement
Change is a part of life. While it can be difficult to adjust to change, it is important to remember that change is not always bad. Change can sometimes be good, such as when it leads to a new job, new opportunities or new relationships.
There are a variety of reasons why a child custody or child support order might need to be modified. Some of the most common reasons for modifications include the following:
- A change in employment;
- A relocation; or
- Another material and substantial change in circumstances.
When it is time to modify a child support or child custody order, it is essential to have skilled support to help you make the changes you need for your family. The attorneys at Lackey Law Firm, P.C., understand the complexities that come with making a change. They can help you determine your goals so you can pursue the modifications and family law support you need.
Changing Child Custody And Support Agreements In Texas
Modifying a child custody or support arrangement can be complex, and it’s important to work with an attorney with experience in this area. The first step is typically to file a motion with the court requesting the modification. From there, there may be a hearing or a negotiation process with the other parent. The timeline for the process can vary depending on the case’s specific circumstances.
How Do Texas Courts Decide On Modifications To Child Custody And Support?
In Texas, child custody and support modifications are governed by Texas Family Code Section 156. For custody modifications, the requesting parent must show a substantial change in circumstances since the original order, such as:
- Either the child’s or a parent’s (or both parents’) circumstances have substantially and materially changed after the order was issued
- Parental relocation is desired or one parent has relocated without giving the required 60-day advance notice to the other parent
- There is evidence that the current environment endangers the child’s physical or emotional well-being
- A part of the decree has become inappropriate or unworkable due to some current and ongoing circumstance
Usually, parents can only request modifications once a full year has passed after the original order was issued – unless there are exceptional circumstances, such as endangerment to the child or mutual agreement by both parents to modify the order sooner.
Potential Mistakes To Avoid When Filing For Custody Modifications In Texas
When filing for custody modifications in Texas, parents should avoid the following potential mistakes:
- Lack of evidence: Gather comprehensive evidence to support your claim, such as documentation of changes in your circumstances or the child’s needs and witness testimonies.
- Misunderstanding the law: Familiarize yourself with Texas Family Code Section 156 and court procedures to avoid procedural errors. Misunderstanding legal requirements for a modification can jeopardize your case.
- Unauthorized changes: Never change custody arrangements without court approval, as this can lead to legal consequences, especially when one parent acts unilaterally.
- Self-representation: A modifications lawyer can present your case for modification in the best possible light and improve the likelihood of a favorable outcome.
- Incomplete forms: Technicalities are important when dealing with legal issues. This is another major reason to have legal support.
To win a modification, one should show a significant change in circumstances that affects the child’s well-being. An Austin modification attorney can help by providing legal feedback, ensuring all paperwork is correctly filed, and effectively representing you in court.
Guidance From A Texas Modifications Attorney
If you’re considering a modification of your child custody or support arrangement, don’t navigate the process alone. Lackey Law Firm, P.C., is committed to providing discreet and professional legal services to clients throughout Texas,* including representation of Spanish-speaking clients, and are dedicated to helping clients navigate life’s changes with confidence and peace of mind. Call 888-705-0307 or fill out the online contact form to make an appointment.
Suggested reading
3 reasons judges may make child custody modifications
What parents should know about Texas child custody modifications
*Main office is located in Austin, Texas. All office locations are staffed by appointment only.