Austin Divorce Modification Lawyer
Our Family Law Practice Areas
Modifications of Family Court Orders
To be eligible for a court order modification you must prove that you or your child have sustained a material and substantial change in life circumstances that no longer support the terms of a current custody or support order. If you are the party seeking modification, you have the burden of proof.
The modification sought must also align with the child’s best interests. While not an exhaustive list of valid reasons, common significant circumstantial changes for a family court order modification in Austin and Travis County include:
- Job loss
- Changing needs of the child.
- This refers to where and with whom the child will live. Joint custody involves a shared parenting plan schedule while sole custody allows the child to live with only one parent. Visitation schedules may need to be adjusted as a child matures or if a parent sustains some other circumstantial change or needs to relocate.
- This refers to making life decisions for the child, such as those related to education, religion, health, and other child welfare matters.
- This may need to be adjusted based on a child’s changing needs or a parent’s altered financial condition.
- Any other aspect of the court order relating to the child.
It is important to understand that modifications cannot be requested for changes to marital property and debt division.
Here are some other things to remember when seeking a custody modification in Texas:
- The court will consider the child’s wishes if they are old enough to express them.
- The court will consider the parent’s parenting skills and ability to meet the child’s needs.
- The court will consider the child’s stability and security.
- The court will consider the child’s relationship with each parent.
- Letters from friends, family, or teachers who can attest to your parenting skills.
- Documentation of your child care arrangements.
- Proof of your income and expenses.
- Any other evidence that you believe is relevant to your case.