Following a divorce involving children, the court enters orders regarding child support and custody that the parents must follow. However, as time moves along, things change, and modifications to these orders are sometimes necessary. Luckily, in Texas, it is possible to modify child support and custody orders under certain circumstances. If you need to modify a child support or custody order in Texas, please review the information below, and contact a Denton County family law attorney as soon as possible for assistance.
Modification via agreement
Parents sometimes make informal modifications to their support and custody orders. However, agreements that are not included in court orders don’t officially change the duties and rights of either parent. Therefore, even when parents wish to modify an agreement in a manner that is in the best interests of their child, they must file documentation with the court. When the parents cannot agree on a modification, though, they must take their disagreement to court.
Modification via request
When parents can’t agree on a modification, they may ask the court to intervene. Regarding custody, any person who has rights to custody of a child under a court order may request a modification. Following a request for modification of a custody order in Texas, the court will require the parent or individual who filed the request to prove certain facts. If this individual is unable to prove these facts, the court will decline to order a change to the divorce decree. Depending on the request, the individual seeking modification of the order will be required to prove different elements, and all elements must be proved via the presentation of credible evidence, which typically takes the form of witness testimony and documentation.
How the court evaluates modification requests
Whenever an individual submits a modification request to the court, he or she must prove that the circumstances of the child or parents have materially and substantially changed since the court issued the prior order. Whether a change is considered “material and substantial” by the court will vary depending on the case. Given the subjective nature of this standard and the complexity of the family law system, anyone seeking modification of a child support or custody order should first contact a Denton County family law attorney for guidance.
Contact our Denton County family lawyer
If you are seeking to modify a child custody or support order in Texas, you need an experienced attorney on your side. At Youngberg Law Firm, we understand the difficulties you are going through and will work to achieve a fair and just outcome on your behalf. Our experienced family law attorney serves clients throughout Denton County, including Flower Mound, Highland Village, Little Elm, Corinth, Aubrey, and Denton. Therefore, if you need a family law attorney in Denton County, Texas, please contact us today for a consultation.