Modifications

Southlake Modification Lawyer

Interested in Modifying an Existing Family Court Order?

When you have a family law court order in place, such as a child custody arrangement, visitation schedule, spousal support, or child support order, it might become necessary to seek modifications as life events unfold.

At the Law Office Of Mark M. Childress, we understand that life circumstances can change even after a family law case has been finalized. Whether you need to modify a current family court order, our experienced modification attorneys in Southlake are here to help you navigate the legal process.

When Can You Seek Modifications?

Life can be unpredictable, and situations may arise that require adjustments to existing family law orders. These modifications typically involve issues related to child custody, visitation schedules, child support, and spousal support (alimony).

In order to seek a modification, the requesting party must demonstrate that there has been a significant change in circumstances since the original divorce decree was issued. This change should be substantial enough to warrant a modification.

Here are some examples of situations that could qualify as material and substantial changes:

Change in Income: A substantial increase or decrease in the income of one or both parents could warrant a modification of child support or spousal support (alimony) payments. For example, if the paying parent loses their job and experiences a significant reduction in income, they may be eligible to request a reduction in support payments.
Health Issues: If one of the parties or the child experiences a serious health condition or disability that significantly affects their well-being or ability to care for the child, it could be considered a material change in circumstances. This could impact custody arrangements or support obligations.
Relocation: If one parent needs to relocate for a job or other reasons, it can lead to modifications in the visitation schedule or custody arrangement. The court will consider how the move might affect the child's best interests and the other parent's ability to maintain a relationship with the child.
Change in Child's Needs: As a child grows older, their needs and preferences may change. If a child's needs have substantially changed since the original custody or support order, the court may consider modifications to ensure the child's best interests are met.
Remarriage or Cohabitation: In the case of spousal support (alimony), if the receiving spouse remarries or enters into a supportive relationship with another partner, it may be grounds for terminating or modifying the alimony payments.
Educational Needs: If a child's educational requirements change significantly, such as requiring specialized education or tutoring due to learning disabilities or other circumstances, the court may consider modifications to accommodate these needs.
Substance Abuse Issues: If one parent develops substance abuse problems or if there are concerns about the safety and well-being of the child due to substance abuse, it could lead to modifications in custody arrangements or visitation rights.
Domestic Violence: Evidence of domestic violence or abuse can be a material and substantial change in circumstances, potentially impacting custody and visitation decisions to ensure the safety of the child and the affected party.

Child Custody and Visitation Modification

If one parent wants to modify the custody arrangement or visitation schedule, they must show that the change is in the best interests of the child and that there has been a material and substantial change in circumstances. Courts prioritize the well-being of the child when considering custody modifications.

Child Support Modification

Child support orders can be modified if there has been a material and substantial change in circumstances that affects the child support calculation. For example, if there has been a change in the income of either parent or a change in the child's needs, a modification may be warranted.

Spousal Support (Alimony) Modification

Similar to child support, spousal support orders can be modified if there has been a material and substantial change in circumstances that justifies the modification. This could include a change in the financial situation of either spouse or the receiving spouse getting remarried or entering into a new supportive relationship.

FAQs About Modifications in Texas

How do I request a family court order modification in Texas?

To request a family court order modification in Texas, you typically need to file a petition with the appropriate family court. The petition should outline the changes you are requesting and provide reasons why the modification is necessary. You must follow the specific procedures and guidelines set forth by Texas law and the local court rules when filing your petition. Furthermore, you may need to provide evidence and documentation supporting your request for the modification, such as financial records, employment information, or documentation of significant life changes.

What factors does the court consider when deciding on a family court order modification in Texas?

When deciding whether to grant a family court order modification in Texas, the court will consider various factors, with the primary consideration being the best interests of the children involved. The court will assess the reasons for the requested modification, any evidence provided by the parties, and the impact the modification may have on the children's well-being. Additionally, the court may consider factors such as the stability of the proposed arrangement, the ability of each parent to provide for the children's needs, and any history of domestic violence or substance abuse.

Can both parties agree to a family court order modification in Texas without going to court?

Yes, in many cases, both parties can agree to a family court order modification in Texas without going to court. This is typically done through negotiation and reaching a mutually acceptable agreement outside of court. Once an agreement is reached, it should be documented in writing and submitted to the court for approval.

If the court finds that the agreed-upon modification is in the best interests of the children, it will likely approve the modification without the need for a formal hearing. However, it's essential to ensure that any agreed-upon modifications comply with all legal requirements and adequately address the needs of the children involved.

What is the process for modifying a family court order in Texas if both parties cannot agree?

If both parties cannot reach an agreement on a family court order modification, the process typically involves filing a formal petition with the court outlining the requested changes. After filing the petition, the court will schedule a hearing where both parties can present evidence and arguments in support of their positions.

During the hearing, the judge will consider the merits of the requested modification, including any evidence presented by both parties and the best interests of the children involved. Following the hearing, the judge will issue a ruling either granting or denying the requested modification based on the evidence and legal standards.

Why Choose Us?

When it comes to modifications, having an experienced family law attorney by your side can make all the difference. At the Law Office Of Mark M. Childress, we have a deep understanding of Texas family law and we have successfully helped numerous clients obtain modifications that better suit their changing needs.

Our firm is known for:

Compassionate and personalized service tailored to each client's unique situation
Extensive experience in handling modifications cases
Thorough knowledge of Texas family law and its specific requirements
Strong negotiation skills to achieve the best outcome for our clients
Aggressive advocacy in the courtroom, if necessary

Our experienced Southlake modification lawyers are here to assist you through the process of seeking or defending modifications in family law cases.

Contact us now at (817) 497-8148 to schedule a consultation and discuss your modifications case with one of our experienced family law attorneys.

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