Changing an existing family law order is called modification in Texas. Because family law orders regarding children can continue for years, until the children are adults, it sometimes becomes necessary to change a custody or support order over the years to fit current circumstance. You will need an experienced Austin modification attorney to assist you in any requested change in an existing order.
If there has been a material and substantial change in circumstances regarding child custody or child support, modification of an existing order is available in Texas. The modification can involve an existing custody order and child support order. The modification can be agreed to by the parties, and simply filed with the court as an agreed order. If there is no agreement to modify, the parent requesting the modification must show that a material and substantial change has occurred which would justify modifying the existing order. As with all cases involving children, the court is guided by the best interests of the child. The Texas Family Code requires a two-year interval between orders involving child support, and three years for modifications involving conservatorship. However, if an emergency arises involving the safety and welfare of the children before that time interval has passed, a parent may file for modification, as well as emergency protection, regardless of the age of the existing order. Call an Austin modification. Attorney today to see if you qualify for modification.
Modifying child support is justified when the parent paying the support has a significant change in income. If a parent loses a job, or is forced to accept a much lower paying job through no fault of their own, the court can modify child support downward to conform with the child support guidelines. Likewise, if a parent has an increase in income, the child support can be adjusted upwards. Call DiafiLaw and speak to a licensed attorney from Austin and find out if a modification is warranted in your case!
Modifying conservatorship is appropriate when significant changes in circumstances exist which impact the best interests of the child. The facts and circumstances can range from one parent being unable to care for the child to a parent wanting to move away with a child. Another example is when a child is a teen, and wants to live with the other parent. If you believe that your existing order is no longer appropriate under the current circumstances, you may be entitled to a modification of the existing order.
A modification is a full lawsuit, which will trigger many of the same temporary orders that occur in any original family law case, such as temporary orders and the appointment of a guardian ad litem to interview the parties and the child and make recommendations to the court; in addition the Court could also confer with the child to determine the child’s wishes if a party is requesting a change in the child’s residence. If there is an emergency that involves a threat to a child’s safety and welfare, the Court can take emergency actions, such as issuing protective orders. As in any lawsuit, the parties will be required to attend Alternative Dispute Resolution before a final hearing can be scheduled.
Call DiafiLaw today to discuss with an Austin attorney whether you could be entitled to a modification of your child support or custody order.