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Child Custody Modification

A child custody order that established child custody and a visitation schedule that was in the best interest of a child at age three is probably not in the child’s best interest at age fourteen. For this reason, you can seek a modification of a family law order obtained by your divorce attorney relating to child custody, possession or access when the modification is in the best interest of the child and:

• there has been a material and significant change in your circumstances, your spouse’s circumstances, or your child’s circumstances;
• the child is at least 12 years of age and the child files with the court the name of person the child prefers to be the primary custodian; or
• the primary custodian has voluntarily relinquished possession of the child to another person for six months.

Child Custody Modification: What’s Required?

To obtain a modification of a family law order relating to child custody, possession or access within one year of the rendition of the order, the applicant must file an affidavit with the petition for a modification that sets out facts demonstrating that:

• the child’s present environment may endanger the child’s physical health or emotional development;
• the primary custodian is seeking the modification and the modification is in the best interest of the child; or
• the primary custodian has voluntarily relinquished possession of the child to another person for six months.

Conviction of a conservator for child abuse or family violence or the military deployment of a conservator constitute a material and significant change in circumstances justifying the modification of a child custody order.

Modification of a Child Support Order

You can seek a modification of a child support order if:

• the circumstances of the child or person affected by the order have materially and substantially changed since the rendition of the order, or
• three years have passed since the rendition of the order and the child support under the order differs by either 20% or $100 from what would currently be ordered under the child support guidelines.
• If the parties agreed to the amount of child support in the child support order, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order.
• A child support order can also be changed in certain circumstances if there has been a change in the physical possession of the child.

Round Rock and Austin: Visit With Our Modification Lawyers

Modification issues are delicate and, at the same time, complicated. If you have further questions, we invite you to give us a call at (512) 322.5367 to arrange a consultation. We can examine the merits of your position and discuss all of your legal options.

To speak to an attorney about your matter, please call us now at 512-322-5367.