Child Custody and Support Modifications
Court Orders Involving Children Can Change When Life Changes
Life is fluid: circumstances change, interests change, people change. Texas family law provides relief for Texas families to address just such fluidity. It may become necessary for you to modify your parenting plan and/or child support agreement at some point after the first order involving your child(ren). That first order can come in multiple forms: a Divorce Decree, Paternity Order, or Order in Suit Affecting the Parent-Child Relationship.
In Texas, all requests to modify prior court orders involving a child must first be filed in the same court in the same county where the prior order involving the child was entered. If your children have been residing in a county different from the county the original order was entered in for more than six months, however, either party has the right to have the case transferred to the new county of residence of the children. This must be addressed by either party immediately upon the filing of the suit, however, or the right to transfer the case can be lost.
If you retain the services of Kimberly D. Levi regarding your modification matter involving your children, you will be and will remain informed all of important family law information such as the foregoing throughout the entirety of your case. Accurate information allows you to make accurate decisions. At the outset of any consultation with Ms. Levi involving a potential modification of prior orders, you will receive the detailed legal information necessary to allow you to intelligently assess your modification case, whether you are seeking the modification or resisting it. Regardless of whether you seek or resist the modification, when you enlist the services of Kimberly Levi, you will continuously receive the legal information necessary for you to make informed decisions throughout the case.
Here are some examples of changed circumstances in Texas that might warrant the modification of a prior court order regarding child support and/or custody:
A parent’s income or financial circumstance changes:
Child support payments can be recalculated using the formula found in the Texas Family Code. Any parent or conservator of a child can request a modification of child support.
Relocation of Child’s Primary Residence:
A parent will need court approval or the agreement of the other parent conservator to move a child out of the geographic area designated for the residence of the child in the prior court order.
Your child is having problems at school or home:
Child custody can be changed if the court determines it is in the best interests of the child.
A parent is abusing drugs, alcohol, or has an unsafe home environment:
Child custody and/or visitation periods can be changed if the danger to your child can be demonstrated to the court.
A child over the age of 12 wishes to live with the other parent:
Child custody can be changed, but only if the modification of custody can be shown to be in the best interest of the child, regardless of the child’s desires.
The court will continue to have the ability to modify prior orders involving your child until your child reaches the age of 18, graduates from high school, or is otherwise emancipated. If you seek or are facing a modification of a prior court order involving your child, please contact Kimberly Levi today to schedule a consultation to learn your rights and the rights of your child.