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Houston Modifications Attorneys

Modifying Court Orders in Texas

Filing a modification case enables an individual to change the terms of an existing alimony, child support, or custody order, so it reflects their current circumstances more accurately. At Holmes, Diggs & Sadler, our Houston modifications lawyers have decades of experience helping Houstonians adjust the terms of court orders.

To schedule a consultation with our team, contact us online or via phone at (713) 766-5355.

Agreed vs. Contested Modifications

Before going further, it's important to note that individuals have two options when filing a modification case:

  • Filing an agreed modification case. If both parties involved in the order agree it should be adjusted, they can sign an agreement indicating their desire to amend the order and how they wish it to change. The judge can then approve the agreement.
  • Proceed with a contested modification. If the parties disagree on whether a custody order should be modified, the party who wishes to modify the order must file a petition to modify the parent-child relationship. At trial, both parties will have the opportunity to appear in court and present evidence to the judge supporting their case. The court will then make a final decision to either grant or deny the modification.

How to Modify a Child or Spousal Support Order in Texas

A parent wanting a modification of his or her existing spousal or child support order first must establish that he or she meets the statutory requirements to do so. Courts generally modify spousal and child support cases if the individual filing the case can demonstrate that:

  • One party involved experienced a significant change in circumstances (such as losing their job, getting a promotion, marrying another individual, etc.);
  • The difference in need is greater than a certain amount per month or percentage of the existing payment amount;
  • The current arrangement has not been modified within the last three years.

Additionally, the court will assess whether a current child support order acts in the child's best interests before making a final judgment.

The documentation necessary to modify an existing spousal or child support order may seem complex. Our Houston modifications lawyers can help you gather evidence and support your case in court.

When Are Modifications of Custody Orders Allowed?

Texas state law allows for modifications of custody orders under specific instances. The following grounds are considered legitimate reasons to make modifications of custody:

  • A parent voluntarily wants to give up his or her custodial rights
  • The childis over the age of 12 , and has expressed their desire to the court in chambers
  • The circumstances of the parents involved in the original court order have substantially or materially changed

A material and substantial change in circumstances may include criminal convictions, long-distance changes in residency, the development of medical conditions that impede a parent's caregiving abilities, and more.

Modifying a visitation or possession and access order may differ slightly from modifying a custody or conservatorship order. For example, if any of the following instances occur, the court may decide to modify the terms of an existing visitation order:

  • Parents engage in abusive actions;
  • One or both parents relocate;
  • The parents modify a divorce settlement, or;
  • One party abuses a stipulated visitation arrangement;

At Holmes, Diggs & Sadler, our Houston modifications attorneys have decades of experience enabling clients to modify court orders.

Contact us online or via phone at (713) 766-5355 to schedule a consultation with our team.

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