Houston Divorce & Child custody modification lawyers

Justifying Modifications in Houston, TX

When a court considers divorce decree modifications, they can take into account the behavior of former spouses. For example, if you are hoping to change a custody order, then your behavior and the custodial parent’s behavior may be of utmost importance.

Family courts usually consider attempts to resolve issues amicably as good behavior, and only after this approach has failed will the court hear your request.

However, if a health and safety issue exists, such as domestic violence, this can be overridden. It can be difficult to evidence good or bad behavior. In these situations, written records such as texts and emails can become invaluable.

Possible reasons to modify child support, child custody or spousal maintenance in Texas may include:

• Significant decrease or increase in income
• A serious medical condition that impacts finances or a parent’s ability to care for the child
• Remarriage, which may affect that person’s finances or the conditions of the household
• A new substantial need of the child, such as a medical condition or disability
• A new hazard to the child’s physical, mental or emotional well-being

Often, parties disagree about whether a specific situation warrants a modification.

While the court has the final say, the other party may challenge your request. However, they might not fully understand the challenges you are facing.

In these situations, we will remain faithful to your interests and the interests of your child. With deep experience in family law, we understand how to maximize your chances of gaining approval for your modification request.

how to modify a divorce decree in texas

To make amendments to a divorce decree, a petition must be filed in the same court where the divorce agreement was finalized. There may then be a hearing where any substantial changes can be considered. While undergoing a divorce decree modification, It is wise to employ an attorney who you can rely on to ensure that all paperwork is in order and that everything is sufficiently evidenced.

What Can Be Changed After a Divorce Decree Is Finalized?

Child custody, the visitation schedule, and child support can all be modified even after a divorce has been finalized. Parents can sometimes agree that a modification is necessary, or a single party can file a petition for modification. Certain people other than the child’s parents can also file a petition for modification, such as:

• Someone who has had actual care, control, or possession of the child for a minimum of six months.
• Anyone who is listed as a party under the current custody order.
• Certain blood relatives of the child if both of the child’s parents agree to the modification, the child is in physically or emotionally harmful circumstances, or if the parents have died.

Modification Of Spouse Support

One of the most important modifications is changes to spousal support or spousal maintenance, which can be defined as the amount of money one ex-spouse must pay the other. Spousal maintenance has a big impact on the financial well-being of both parties.

Changes in circumstances can directly affect an individual’s ability to pay spousal support and therefore, modifications are permitted.

In order to implement modifications in spousal support, there must have been a material and substantial change in circumstances. For example, significant injury or liability, job loss, substantial reduction of income, or other events that create significant changes in financial circumstances.

Sometimes, final divorce orders permit a sliding support scale which gradually decreases payments over time. Spousal support could also be stopped entirely when a former spouse remarries or cohabitates with another person.

Child Custody Modifications

Few family law issues create as much emotion as establishing child custody. When a divorce is handled fairly and reasonably, it should create a sense of relief for everyone involved when it is finalized.

However, circumstances change, and sometimes a child custody order that once worked for you no longer makes sense. It may no longer be viable for you, or it could no longer be in the best interests of the child.

Fortunately, child custody orders can be changed. Regardless of whether you have sole custody or joint custody, you can seek a modification, under the right circumstances. Changing a divorce decree isn’t easy, but fortunately, our team of child custody lawyers at Skillern Firm Divorce & Child Custody Lawyers have the skills, experience, and resources necessary to handle your case.

Agreed Modification

In Texas, both parents do not need to agree to a modification in order for it to be successful, although it does help. When all parties involved agree to the modification, then documents can be submitted jointly to the court. Your Houston modification lawyer can help you file a petition to modify and propose a modification order.

At Skillern Firm Divorce & Child Custody Lawyers, our qualified mediators can help you and your ex-spouse figure out an arrangement that meets your child’s interests, protects your rights, and is one that the court is likely to accept.

If you also want to modify child support, then you will need to file a proposed child support order as well.

Once you file the documents, in the same court where the original child custody order was issued, you will need to attend a hearing.

Here the Judge may sign your proposal if they feel the changes are in the child’s best interests. At this point, you can file the signed order with the clerk, and your modification will be final.

Contested Modification

Sometimes parents cannot agree on a modification, or it may not be safe or viable for you to even approach it with your ex-spouse. Although a contested modification will take longer, it is possible. You will still need to attend mediation to show the court that you have tried to reach an agreement amicably, and Skillern Firm Divorce & Child Custody Lawyers can help you with this.

When you can’t come to an agreement, your family law attorney will help you file a motion for modification on your own, and will help you evidence to the Judge why changes are necessary.

Default Modification

A default modification happens if you file for a modification and the other parties fail to respond. Once the other parent is served modification papers, they have 20 days to respond, if they do not respond then your modification case could be approved by default. However, if they file an appropriate response at any time before your case is finalized then it will not be completed by default. Instead, your case must proceed with either an agreed or contested modification.

Different Types of Child Custody Arrangements in Texas

If you are fighting to change a child custody arrangement, it might be helpful to understand the different options available to you in Houston, Texas.

There are two primary forms of custody and visitation; joint custody and sole custody. A modification might mean changing from one to the other, or amending a joint custody arrangement so that one parent has more or less time with the child.

Joint Custody

Joint custody or joint managing conservatorship is where both parents share rights and duties to the child. Including shared time and the right to make decisions on behalf of the child. Whoever has the child during the week is the primary conservator, and the other parent has visitation rights.

Sole Custody

When one parent has sole custody, they are the sole managing conservator. That means they have the right to make all decisions in the child’s life such as their education and medical care. This usually only happens if the court is concerned about the other parents’ effect on the child’s wellbeing. Even where this is granted, they may still be awarded supervised visitation.

Whether you are fighting for a modification to move to joint custody or sole custody, a family law attorney can help you gather the evidence you need, and guide you through the process.