Reputable Attorneys Helping Clients Seek Changes in Family Court Orders in Travis County
Life happens. In the years following a divorce, your circumstances and that of your children can change in significant ways. Job loss, a reduction in work hours, the need to relocate, an unforeseen illness or debilitating injury, additional children to support, and changing educational, medical, or other life needs of shared children are common changes that can occur in the lives of divorced or unmarried parents and their children. When such changes take place, existing custody or support court orders may no longer be viable.
At Ferguson Law Practice, PLLC, we represent individuals in need of modifications of their family law court orders. These modifications may be settled between you and the other parent through negotiation or may need to be litigated in court.
Either way, our Austin modifications lawyers can assist you in pursuing a fair result based on your best interests and that of your children and the specific facts and circumstances of your case. Our problem-solving approach is designed to help you resolve such modifications in the most efficient way while bearing in mind your needs and goals.
Modifications of Family Court Orders
Am I Eligible for a Texas Family Court Order Modification?
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
- Relocation
- Changing needs of the child
It is important to understand that modifications cannot be requested for changes to marital property and debt division.
If You Can Legally Support Your Case to the Court, You May be Able to Modify the Following:
- Physical custody and visitation: 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.
- Legal custody: This refers to making life decisions for the child, such as those related to education, religion, health, and other child welfare matters.
- Child support: This may need to be adjusted based on a child’s changing needs or a parent’s altered financial condition.
- Miscellaneous: Any other aspect of the court order relating to the child.
How Do Relocation Modifications Work?
When a parent seeks to relocate with a child away from within a defined distance as set forth by the court, that parent must go through a specific legal process. Such cases are commonly complex matters involving litigation with the burden of proof resting on the parent who wishes to relocate. Courts rule on this based on what is in the child’s best interests. Our modifications attorneys in Austin and Travis County can represent you if you are seeking such a relocation or find yourself in the position to contest a move. Because of the legal challenges involved, you will need an attorney experienced in relocation to build your case either for or against.
How Long Do You Have to Wait to Modify Custody in Texas?
In Texas, you typically must wait one year to seek a custody modification. However, there are some exceptions to this rule. For example, you may be able to modify custody sooner if there has been a material and substantial change in circumstances since entering the original order.
Suppose you believe there has been a material and substantial change in circumstances since entering the original custody order. In that case, you may be able to file a motion to modify custody. You must provide proof to support your claims, such as affidavits from witnesses, medical records, or police reports.
The court will consider all the evidence before deciding whether to modify custody. However, if the court finds that there has been a material and significant change in circumstances, it may alter the custody order to reflect the child’s best interests.
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.
If you are seeking a custody modification in Texas, it is vital to be prepared to present evidence to support your case.
This evidence may include things like:
- 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.
Being prepared is essential to negotiate with the other parent. In addition, if you are going to court for a custody modification, it is crucial to have our attorney represent you. Our attorney can help you understand the law and represent your interests in Texas court.