Modifications

During a divorce, the court will issue orders regarding child custody, alimony (spousal support), child support, and visitation. These orders are binding on both parties, and failure to comply can result in harsh penalties.

However, circumstances can change after a divorce, and one party may need to seek a modification of the court orders. For example, a parent may lose their job or experience a significant decrease in income. 

A child may develop special needs or require a different custody schedule. Or, one parent may relocate to a new city, making it difficult to maintain the current visitation schedule.

If you need to seek a modification of a court order, it is important to speak with an experienced divorce attorney at The Law Offices of Richard C. McConathy. An attorney can help you understand your rights and options, and they can represent you in court.

There are many reasons why you may need to seek a modification of a court order. Here are some examples:

  • Change in income or employment status
  • Change in residence
  • Change in the child’s needs
  • Health issues
  • Domestic violence

To seek a modification of a court order, you must file a petition with the court. The petition must state the reasons why you are seeking a modification and the specific changes you are requesting.

The court will then hold a hearing to consider your petition. At the hearing, you will have the opportunity to present evidence to support your request. The other party will also have the opportunity to present evidence.

The court will then decide whether to grant or deny your petition. If the court grants your petition, it will issue a new order modifying the original order.

If you are considering seeking a modification of a court order, it is important to speak with an experienced divorce attorney. An attorney can help you understand your rights and options, and they can represent you in court.

Agreed Modifications vs. Contested Modifications

If you need to modify a court order, you have two options:

  • Agreed modification: If both parties agree to the modification, they can sign an agreement and submit it to the court. The judge will then review the agreement and approve it if it is in the best interests of the child.
  • Contested modification: If the parties cannot agree to the modification, one party must file a petition with the court. The other party will then have the opportunity to respond to the petition. The court will then hold a hearing to consider the evidence from both parties and make a decision about whether to grant or deny the modification.

Contested modification cases can be complex and time-consuming. It is important to have an experienced attorney represent you in a contested modification case. An attorney can help you understand your rights and options, and they can advocate for your best interests and the best interests of your child.

Here are some tips for increasing your chances of success in a contested modification case:

  • Gather evidence to support your request. This may include evidence of changes in your circumstances or the child’s circumstances.
  • Be prepared to discuss your reasons for seeking a modification. The court will want to know why you believe the current order is no longer in the best interests of the child.
  • Be respectful of the other party and the court. Even if you disagree with the other party, it is important to maintain a professional demeanor.

Remember that the court’s primary concern is the best interests of the child. If you can demonstrate that the modification is in the best interests of the child, you are more likely to be successful in your request.

Circumstances Leading To Modification

Life is unpredictable, and sometimes events occur that necessitate a modification to your original divorce terms. If you find yourself in this situation, it is important to work with an experienced attorney who can help you navigate the process.

Here are some examples of events that may require a modification to your divorce terms:

  • Loss of a job
  • Change in income
  • Loss of residence
  • Injury of a parent
  • Injury of a child
  • Special needs of children

If one parent resists changing the original divorce terms, the matter must be resolved in court. Even if there is no resistance, changes need to be officially recognized by the court.

An experienced divorce attorney can help you understand your rights and options, and they can represent you in court. An attorney can also help you gather evidence to support your request and negotiate a settlement with the other parent.

If you are considering seeking a modification to your divorce terms, it is important to contact an experienced attorney as soon as possible.

Modification Process in Tarrant County

Our family law team can assist you with immediate and continuing issues and guide you step-by-step through the process of modifying your divorce terms in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, TX.

Here is a general overview of the divorce term modification process:

  • Applying for the modification: You will need to file a petition with the court requesting a modification of your divorce terms. The petition must state the specific changes you are requesting and the reasons for your request.
  • Attending administrative hearings: The court may schedule administrative hearings to discuss the modification request and to gather evidence from both parties.
  • Presenting your case in court: If the parties cannot agree on the modification, the court will schedule a hearing to consider the evidence and make a decision.
  • Locating the non-custodial parent: If the non-custodial parent cannot be located, the court may appoint a process server to locate them.
  • Establishing paternity: If paternity has not been established, the court will need to establish paternity before proceeding with the modification.
  • Overseeing enforcement activities: If the court grants the modification, the court may order an enforcement officer to oversee the implementation of the new order.

Our Tarrant County modification lawyers can help you with all aspects of the divorce term modification process. We can discuss the desired modification with you, answer your questions, and explain possible pitfalls and benefits that may result from the change.

We understand that divorce term modifications can be complex and stressful. We are here to help you navigate the process and to protect your rights and the rights of your children.

When Modifications of Custody Orders Are Allowed

Texas law allows for modifications of custody and visitation orders under specific circumstances. These circumstances include:

  • Voluntary relinquishment of custody: One parent voluntarily gives up their custodial rights.
  • Child’s preference: The child is over the age of 12 and expresses their preference to live with the other parent in the court chambers.
  • Material and substantial change in circumstances: The circumstances of the parents involved in the original court order have substantially or materially changed. This may include criminal convictions, long-distance changes in residency, the development of medical conditions that impede a parent’s caregiving abilities, and more.

Examples of material and substantial changes in circumstances:

  • A parent moves out of state, making it difficult for the child to maintain a meaningful relationship with the other parent.
  • A parent develops a serious illness that prevents them from caring for the child.
  • The child’s needs change, such as the development of a new medical condition.

Modifying a visitation or possession and access order may differ slightly from modifying a custody or conservatorship order. For example, the court may modify a visitation order if:

  • One or both parents relocate.
  • The parents modify a divorce settlement.
  • One party abuses a stipulated visitation arrangement.

It is important to note that the court will only modify a custody or visitation order if it is in the best interests of the child. The court will consider all of the relevant factors, including the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s own wishes.

If you are considering seeking a modification of a custody or visitation order, it is important to speak with an experienced family law attorney. An attorney can help you understand your rights and options, and they can represent you in court.

Child Support Modification in Texas

In Texas, a child support order is only eligible for modification if one (or more) of the following applies:

  • The order was established/last modified more than three years ago.
  • The monthly amount differs by either 20 percent $100 from the amount that would be awarded according to child support guidelines.
  • A material and substantial change in circumstances has occurred.

A “material and substantial change in circumstances” could mean:

  • The noncustodial parent’s income has increased or decreased.
  • The noncustodial parent is legally responsible for additional children.
  • The child’s medical insurance coverage has changed.
  • The child is now living with a different parent.

If you are considering seeking a modification of your child support order, it is important to speak with an experienced family law attorney. An attorney can help you understand your rights and options, and they can represent you in court.

Modifying Child Custody in Texas

In Texas, child custody, also known as conservatorship, can be modified at any time until the child turns 18. To request a modification, a parent must file a petition with the court and prove that there has been a “material and substantial change in circumstances” regarding one of the parents or children that requires modification of the court order. The new order sought must also be in the best interests of the child.

A modification proceeding generally follows the same process as any other lawsuit, including service of process, time to answer, and the right to a trial if an agreement cannot be reached.

The most common reason for modifying a child custody order is to change the amount of child support. Other common reasons include:

  • To adjust the periods of each parent’s possession with the child to accommodate a changed work schedule or the child’s schedule.
  • To change the right to establish the primary residence of the child from one parent to the other.

Here are some examples of material and substantial changes in circumstances that may warrant a modification of a child custody order:

  • A parent’s income has increased or decreased significantly.
  • A parent has lost their job or become unemployed.
  • A parent has relocated to a new city or state.
  • A parent has developed a serious illness or disability.
  • The child’s needs have changed, such as the development of a new medical condition.
  • The child’s relationship with one or both parents has changed significantly.

If you are considering seeking a modification of your child custody order, it is important to speak with an experienced family law attorney. An attorney can help you understand your rights and options, and they can represent you in court.

Modifying Divorce Orders

To modify a divorce order in Texas, you must show a material and substantial change in circumstances. This means that the change must be significant and have a real impact on your life or the life of your child.

Here are some examples of changes in circumstances that may warrant a modification of a divorce order:

  • Change in employment status, such as job loss, job change, or promotion
  • Change in income or financial situation
  • Change in health or medical needs
  • Change in marital status, such as remarriage or cohabitation
  • Change in the child’s needs or circumstances, such as a change in school or a new extracurricular activity

If you are seeking to modify a child custody order, you must also show that the modification is in the best interests of the child. This means that the court will consider all of the relevant factors, such as the child’s relationship with each parent, the child’s age and maturity, and the child’s wishes.

To modify a child support order, you must show that the change in circumstances is significant and has a real impact on your ability to pay support. For example, if you have lost your job or had your income reduced, you may be able to get your child support order lowered.

If you are seeking to modify an alimony order, you must show that the change in circumstances is significant and has a real impact on your need for alimony. For example, if you have remarried or started cohabiting with a new partner, you may be able to get your alimony order terminated.

If you are considering modifying a divorce order, it is important to speak with an experienced Texas family law attorney. An attorney can help you assess your case and determine whether you have a valid claim for modification. They can also help you prepare and file the necessary court documents.

Modifications Attorney in Tarrant County, TX

If you are seeking any kind of modification to a court order in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, Texas, you will want to be sure that you have appropriate legal help. The Law Offices of Richard C. McConathy can assist you with every facet of your case.

You can call (817) 422-5350 or contact us online to receive a free consultation. Our firm understands how complicated these scenarios can be for most people and we will take the time to helpfully explain all of your rights to you so you can make the best decision for yourself moving forward.