Modification of Orders – The Basics
Parties may elect to modify their custody agreement or child support payment after final orders have been rendered. Circumstances change over time and a modification of the current custody or child support order may be necessary to reflect those changes. As children grow older, their needs and expenses may increase. Though it is ideal to create a comprehensive custody and support order that covers the possible future needs of the child in the first place, life is unpredictable. The original orders are designed to prevent the parties from repeatedly using the court system to resolve issues. Therefore, a party’s circumstances must meet certain requirements in order to seek modification of custody or child support.
Grounds for modifying conservatorship and child support are found in the Texas Family Code. The law acknowledges the impact legal proceedings may have on the family unit. The Texas legislature has done their best to soften that impact by crafting family laws to keep families out of court as much as possible. For example, when one parent is designated the primary conservator to determine the residence of the child, the other parent may feel as if that right should have been given to them instead. The displeased parent may want to file another suit for the situation to be re-evaluated. Unfortunately, parents cannot run to the court every time there is a disagreement over custody or support payments. Instead, a person seeking modification is required to prove specific grounds in order for the court to re-evaluate their case.
If there are sufficient grounds to modify, the changes to be made must always be in the best interest of the child. If you have any questions or concerns regarding your ability to modify an existing custody or support order, please do not hesitate in contacting our firm at (972) 353-4600. Our The Wright Firm, LLP Attorneys can advise you of the different options available in your circumstances.