modifications

In some cases a change of circumstances makes an existing child custody or child support order inappropriate or unworkable.

Generally, the court can modify an order for conservatorship or possession and access if the modification would be in the child’s best interest and:

(1)  the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the earlier of:

(A)  the date of the rendition of the order; or

(B)  the date of the signing of a mediated or collaborative law settlement agreement on which the order is based;

(2)  the child is at least 12 years of age and has expressed to the court in chambers as provided by Section 153.009 the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child; or

(3)  the conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months (unless this is due to the exercise of their military duties).

Tex. Fam. Code § 156.101.

A material and substantial change in circumstances can include many relevant factors including remarriage of the parties, a substance or alcohol abuse issue on the part of one of the parties, educational or behavioral issues on the part of the child, etc. Generally, a court can modify child support if:

(1)  the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:

(A)  the date of the order’s rendition; or

(B)  the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or

(2)  it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

Tex. Fam. Code § 154.401.

In many cases parents attempt to informally modify their existing support or visitation arrangements.   Informal arrangements are not enforceable and can leave one or both parents at risk of being held in contempt of the existing order.

Bethany G. Arnold can help you determine a course of action to modify and seek a custody, support and/or a visitation order that will work best for you and your child.

Call 281-516-8221 or email hidden; JavaScript is required to schedule a Modifications consultation today.

 

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