Whether you live in Sugar Land, Richmond, Rosenberg, Fulshear, Pecan Grove, or another town in Fort Bend County, Texas, it’s important to work with a local family law attorney to support your family legal matter.
Specifically, if you are pursuing a modification of an existing court order that involves your children, there are legal challenges that you will need support overcoming.
General attorneys are typically not experienced with the nuances of family law to help you successfully navigate the process of modifying a previous order. However, working with an attorney that specializes in family law will put you in the best position for success.
Consider the ways that a Fort Bend County family law attorney can help you obtain a modification for your situation involving child custody, child support, or visitation rights.
Modifying an Existing Court Order in Fort Bend County
In Fort Bend County, family law matters fall under the category of Civil Cases, where there is a non-criminal dispute, and the dispute needs to be resolved within the court system. Under the umbrella of family law cases, there are post-judgment actions.
Post-judgment actions include both the enforcement of a court order and what matters to you — modifying a prior order. Within the modification of a court order are two categories:
- Modification – Child Custody (which includes Visitation Rights).
- Modification – Other (e.g., Child Support).
Modification for Child Custody and Visitation Rights
Modifying an order for child custody and visitation begins with the original court order. During a divorce or similar event that established child custody, the court made determinations about:
- The conservatorship of the child(ren)
- Custodial vs. non-custodial parent assignments
- The living arrangements for the child
- When the non-custodial parent can visit the child
According to Texas law, the managing conservator (custodial parent) has the right to decide where to live with the child. This is known as custody. Then, the possessory conservator (known as the non-custodial parent) is granted certain rights to visit the children according to a set schedule outlined in the Standard Possession Order. This is often referred to as “access and visitation.”
If there is a significant and material change in circumstances that affects the original determination, then you can pursue a modification. You could be on either side of the coin. Consider these examples:
– You are the custodial parent who is concerned about the non-custodial parent placing the child in a dangerous environment. Now, you want to seek full custody of the child through a modification.
– You are the non-custodial parent who is concerned about your visitation rights being compromised because of the actions of the custodial parent (e.g., the custodial parent has remarried or is planning to move out of Texas).
No matter what side of the legal matter you fall under, you will want to work with a family law attorney to help you present the most compelling case for the original order to be modified.
When I work on your case, I will help you gather as much evidence as possible to present the strongest possible case to the judge. Because of my experience with modifications in Fort Bend County, I know which evidence you need to gather and how to present this evidence to the court. This will help you arrive at the best possible outcome for your situation.
Modification for Child Support
The other category of post-judgment actions in Fort Bend County focuses on child support modifications.
If your situation falls under the category of a child support dispute, then you will want to go back to the original court order. At that time, certain determinations were made about which party owes child support to the other party, how much child support should be paid, and the means for payments to be made.
If there has been a material or substantial change in circumstances affecting the original determination, then you can pursue a modification to bring the order back into alignment with the new situation.
Again, either side of a child support legal matter in Texas could pursue a modification. Consider these examples:
– For the obligor parent making child support payments, you could pursue a modification because the receiving parent remarried, you are now responsible for additional children, you experienced a job loss, or there was another significant change in your financial position affecting your ability to make recurring payments.
– For the recipient of child support payments, you could pursue a modification because the paying parent experienced a significant increase in income that would impact the amount of child support that you are entitled to receive.
Whatever side of the dispute you are on, the availability of evidence and financial records is critical to proving your case. I can help you gather the appropriate documentation to support your argument so that you can be successful in modifying the original court order to best align with the new circumstances.
Find Support With a Family Law Modification in Fort Bend County
When you are ready to pursue a modification of a court order affecting your children, talk to me about your change in circumstances. I’ll help you assess the situation and provide you with input on the legal validity of your case. Then, we’ll work toward filing for a modification and presenting your argument before a judge.
If you live in Fort Bend County, Texas, and are ready to start the modification process, contact me today to get started.
I can be reached at my Sugar Land office at 281-944-5485. You can also leave me a message through our website contact form to explain your situation. I look forward to helping you with your case!