Life does not stand still, especially after going through a family law dispute. While certain orders may have worked at the time of a divorce or child-related legal decision, they may not work later on.
The ever-changing nature of life typically means that family law orders eventually do not reflect your current reality. For this reason, Texas family courts allow you to modify a family law order under certain situations.
A family law order modification attorney works with you to help ensure that you have a strong case for modification. Learn more about why it’s a good idea to work with an attorney to adjust a court order to match your life circumstances.
The Typical Family Law Orders in Texas
Let’s find the starting point. Texas courts issue various types of family law orders, including:
- Child custody orders (including visitation orders)
- Child support orders
- Spousal support
These orders are binding and must be followed. However, over time, you may recognize that it’s increasingly difficult to follow the terms outlined in the order because of substantial life changes. The good news is these orders can be modified.
Why You May Need Your Family Law Order Modified
In general, family law orders can be modified in Texas when there is “a material and substantial change of circumstances” that affects one or both parties. Specifically, changes typically occur for one of the following reasons:
- Changes in income (e.g., a parent loses their job or falls ill)
- Changes in residence (e.g., a parent moves out of state or the country)
- One parent becomes a threat to the child
Whatever your situation, it is crucial for parties to seek a judge’s consent to modify a family law order. Failure to do so can lead to serious legal issues. For example, some ex-couples may choose to make an oral agreement to modify the court’s orders, but doing so can leave both parties exposed to future legal risks.
Consider an example of an ex-couple who agrees to change alimony (spousal maintenance) to $1,500 per month instead of the $2,000 in their court order. The payee could complain months later that payments have been short, leaving the payor at risk of legal penalties and being required to provide substantial back pay.
For comprehensive legal protection, it is strongly advised that parties seek legal support to protect their interests and prevent future loss.
How a Family Law Order Modification Attorney Can Help
We recognize that family law issues can be stressful for all parties involved. An experienced modification lawyer knows how to confidently work within the guidelines to support your modification request.
With Parker & Aguilar, we do the heavy lifting on issues such as modifying child custody and visitation, helping you modify parenting plans and parenting time, and other key situations. This way, you can focus on working through your current life changes.
How We Support You on the Path to Modify a Family Law Order
The first recommended step is to meet with an attorney. During your initial meeting, your attorney will listen and advise you on whether you have a case for modification, as specified in the Texas law.
The next step is to fill out and file the correct petition. It is at this stage where precision and accuracy are essential. Errors and missing info can lead to delays and denials. Your attorney will make sure that your petition is strong and complete.
Next, the other party will be required to file a response:
- Contest the request in whole
- Contest the request in part
- Accept the request
If the other person does not contest your request, the case will be resolved rather quickly as long as the judge approves. There are situations where a judge would not approve a change request. For example, if a request works against the best interests of a child, the request will likely be denied, even if both parents approve of the change.
No matter the situation, your family law attorney will be prepared to advocate on your behalf. We have the knowledge, skill, and experience to fight on your behalf. Our goal at Parker & Aguilar is to help you obtain the modification that brings the relief you need.
Parker & Aguilar: We’re Here for You
Life is unpredictable. At Parker & Aguilar, we can help you build a case for a child custody modification, child support modification, or another type of modification to truly reflect your reality. And, if a modification is not the right fit for your situation, we will provide you with the ideal level of support.
Unfortunately, not every party to a family law order can successfully modify their order. Our experience enables us to identify situations that simply do not qualify for a modification. We will inform you of whether we think you have a case, helping you avoid unnecessary costs and time.
Our experienced family law attorneys currently support clients in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our offices immediately to discuss your pursuit of a modification.
You can reach us at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with a family law order modification attorney. Contact our attorneys to discuss your situation so we can provide you with sound legal advice on your modification case.