Post-Divorce & Custody Modifications in Texas

After a divorce has finalized in Texas, your divorce decree is final, but you do have the ability to make modifications if your situation calls for it. Some of the modifications available to Texans are child custody possession, visitation schedule, child support, and spousal maintenance. 

To modify an order,  the law states there must be  a material and substantial change in circumstances. This can be job loss, major life events or child care needs. When the unfortunate happens, our legal team can help file a petition for the court to update orders reflecting your situation. In the end, our goal is to serve you and ensure you are treated fairly under the law.

As discussed, there is quite a bit that can be modified, but there are requirements that must be recognized before attempting a modification of orders.

Give us a call today to discuss your modifications, and we can walk you through the process and probabilities of success. 

What Can Or Can’t Be Modified Post Divorce

Here Is What Can be modified:

• Child Custody (Conservatorship): Details such as decision-making rights or duties are open to modification.
• Visitation and Access: Timing and schedules for parents
• Child Support: How much is paid, including medical, dental and health insurance payments.
• Spousal Maintenance: Up for modification if originally awarded by the judge, but cannot be a new request.

Cannot be modified:

• Property Division: In Texas, All property, debt, and division of assets are final once the divorce decree has finalized.
• Prenuptial Agreement: If a prenup agreement is in place, it will take precedence. However, your attorney will review its legal authenticity to see if it will be honored by the judge.

How A Divorce Decree Is Modified in Texas

In order to make a change to an existing order (decree), the law requires the following to qualify for an attempt at modifying an previous order:

• There has to be a material and substantial change in circumstances since the last order was finalized.
• Any change requested is in the best interest of the child (for custody/visitation cases).

A few examples:

• A parent has relocated.
• There was a significant change in income or employment.
• New needs for the child (special needs, education, medical).
• Change in custody orders due to evidence of violence, substance abuse, or unsafe conditions.
• Repeatedly violating an existing order.

Process and Timeline

Here is how the process occurs, which is similar to a normal divorce or child custody case.

1. File a Petition to Modify in the court with jurisdiction over the case
2. Serve the Other Party
3. Temporary Orders  for an urgent need.
4. Discovery & Mediation to negotiate and discuss to achieve a resolution in modification of order
5. Hearing or Trial when an agreement cannot be reached between the parties
6. Final Modified Order will be signed by the judge upon finalization

Like a divorce, the timeline will vary depending on the case specifics, which can range from weeks to months.

How To Win A Modification

If you are going to attempt a modification, there must be evidence. Otherwise, the courts will likely deny the request. From the very beginning, we will discuss these factors and the probabilities of whether you should attempt a modification or not. We do not want to waste your time and money if we do not think the courts will modify orders based on the evidence or proof on hand.

Examples of evidence needed to make modifications

• W2 statements, tax return, financial statements
• Medical records
• School records
• Police reports / criminal record
• CPS reports and findings.
• Witnesses or affidavits from relatives, teachers, and etc
• Communication logs of texts and emails
• Details on relocation like  housing, employment, and school.

Restrictions on Relocation

In Texas, most orders will have a geographic restriction on where a child may live.  This will usually cover the county or adjacent counties in the original order. If a parent wishes to move outside that restriction, the following should be taken into consideration:

• • You will need to request a modification
  • There must be a reason given to the courts for consideration, including how it will effect the Childs stability, and how it will effect the other parents visitation rights over the child.
  • If you are trying to relocate outside 50-100 miles, there is likely going to be a major modification required to the child visitation and possession schedule.

Schedule A Free Consultation To Discuss Your Modification Needs

Give us a call today to discuss your needs and we will review the case in detail with you. By the end of your consultation, you will walk away with a clear understanding and answer as to whether you have a case to modify or not.

With over 20 years of experience, we know what it takes, what the courts are looking for and the probability of a successful modification or not.

Call now to schedule your free consultation. Get the answers you are looking for.