Modifications Of Divorce Decrees And Existing Family Law Orders In Texas
As an attorney and a divorced parent, I understand that what is acceptable or workable at the time of a divorce does not always stay that way. Often, many other changes in your life and the lives of your children make pursuing a modification of a previous family law order reasonable. At Beveridge Law Firm PLLC, I offer personable, one-on-one support and guidance to clients in and around Alvin who are pursuing a modification order. I can help you understand what is needed and how to have a successful process. I will advocate for your legal goals and parental rights.
Commonly Asked Questions About Modification Requests
Modification requests can very easily be complicated matters and even involve litigation if the other party refuses to cooperate. As a result, a good number of the cases in family law courts in Texas are requests for modification. There are some frequently asked questions that I will answer here. But each case is different and unique. For answers to your specific questions, I offer free consultations, and I can address your individual concerns in an initial conversation.
What is a request for modification?
A modification request usually addresses and requests to make a change to the divorce decree regarding custody, visitation, and/or child support. You must show that there is a compelling reason to make a change. A compelling reason may be that you have had a significant change in your income, work schedule, health or job schedule.
Who can file a request for a modification?
Either party can request a modification. However, a court will only consider a request to modify an existing order if it is in the best interest of the child. The circumstances of the child or parents must have changed in a material or substantial way since the original order or the child has reached age 12 and has communicated a preference to make a change in their primary residence.
Can I use an online or DIY form to request a modification of a divorce decree?
Each situation has its own unique set of facts and circumstances. If your request is denied, it is difficult to go back and ask again. It is always better to seek the counsel and advice of an experienced divorce attorney when considering a modification.
Can I stop following an order after I request a modification?
No. You cannot stop following an existing order until a judge grants your request for a modification. Failure to follow an existing order could result in fines and penalties.
The Lasting Effects Of A Modification
Once a modification is considered and ordered, anything that happened previously can no longer be considered in a future proceeding. Under the rules in Texas, each new order acts as a wall for anything that happened previously. Therefore, it is important to seek the advice of an experienced family law attorney if you are considering a modification. A lawyer can help make sure you don’t inadvertently give up something that might be important for future proceedings.
Do You Need A Modification Of Your Divorce Decree? Call Today.
If you are unhappy with your current order or divorce decree, or you have been served with a request to change the current order, call me today at 713-280-3326 or send an email through my online form to schedule your consultation.