Family Law & Divorce Lawyers, Frisco, Plano, Denton & McKinney

Modifications

Child Support Modification
Child Custody Modification
Post Divorce Modification

Most child-related provisions (child support, custody, possession and access, etc.) can be modified by agreement or by the Court. Specific laws govern how modifications can be raised and applied. The Family Law attorneys at Hanshaw Kennedy will advise you regarding your rights in requesting a modification or defending against one. Contact us.

CHILD SUPPORT MODIFICATION

A child support order in Texas may be modified by the Court if

  • the circumstances of the child or another related party have substantially changed, or
  • three years have passed since the last modification (or the original date of the order), and the amount of support previously ordered differs from statutory guidelines.

A Hanshaw Kennedy Family Law attorney can help you review your current child support order, review calculations, and discuss any proposed changes.

CHILD CUSTODY/CONSERVATORSHIP MODIFICATION

Once child custody arrangements have been finalized, they generally cannot be modified unless there has been a material and substantial change in circumstances, and/or both parties agree to the change. In Texas, the proposed change(s) must be determined to be in the best interest of the child, and demonstrate one of the following:

  • substantial change of circumstances,
  • a request by the child (who must be at least 12 years old) regarding whom they prefer to determine the child's residence, or
  • the parent/conservator who has the right to establish the child's primary residence has relinquished the primary care and possession for at least six months.

If you have been served with a petition or motion to modify the parent-child relationship, contact our office for guidance on your response and next steps.

POST-DIVORCE MODIFICATION

After a divorce has been finalized, subsequent life events can create the need to make changes to the original decree. Post-divorce modifications generally arise in three areas: financial needs, enforcement of provisions (such as property, relocation), and child custody. The law makes it difficult to modify most property division portions of a decree. However, if there was fraud in the divorce, our attorneys may be able to help you. Once your decree has been entered, your time to act is very limited. Seek advice from an experienced family law attorney as soon as possible to preserve your claims and rights.

Contact our office for legal advice on a proposed change or to contest a change.

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