Family Law Modifications
Family Law Modifications Attorney in TX
Family Law Modifications Attorney in TX
Sometimes, couples grow apart, and getting a divorce is the best solution to bring peace of mind to both parties. The court issues a final divorce decree once the divorce process is finished. The order will outline the rights and obligations of each spouse with regards to child custody, child support, spousal support, and division of marital property.
Even though a divorce decree issued by the court is already final, sometimes couples would want to make changes in the agreement after the divorce. For instance, you may wish to change your child custody arrangements if there are changes in your work schedule or ask for an increase in child support payments if the parent of your child started earning more.
If you’re planning to make changes in your divorce agreement, you would have to file a petition to modify your divorce decree in the same court where it was issued. A court will approve your request only if there is a permanent, substantial change in your situation after the divorce. For example, if your request involves your minor children, it regards your child custody arrangements or parental rights. The court may ask for additional information proving that the changes are in your child’s best interests.
Make sure you have a reliable Houston family law lawyer who can assist you throughout the modification process and ensure that all legal issues are taken care of. Contact us at (832) 479-4499 for a consultation.
When Can You File for a Family Law Modification?
To modify a family law order, a change of circumstance must be evident. There are different degrees of change of circumstances, and a court will allow a modification in the order depending on the situation. For instance, after a “final adjudication” of visitation and child custody orders, the party requesting to modify the orders must show evidence that a significant change of circumstance has occurred.
Changes in you or your ex-spouse’s financial circumstances. For example, either parent has started to earn more or less money than they initially did at the time the order was issued.
Changes in the child’s living arrangements. For example, the child has transferred to a new school and now lives closer to the non-custodial parent, thus modifying the child custody arrangements so the non-custodial parent can have primary custody of the child. Or you or your ex-spouse relocated, which makes the current child custody arrangement or visitation schedule not feasible, making a custody modification necessary.
Changes in your ex-spouse’s needs. The needs of the spouse receiving alimony have increased, or the support obligor’s income has decreased.
Changes in Texas state laws. There have been changes in the requirements or guidelines regarding divorce and family law that affect your family law order.
If you need to make changes in your divorce decree or family law order, or if you’re interested to know what kind of modifications you can make in your decree, it is best to consult with an experienced Houston family law attorney.
Failing to follow the terms in the family law decree can have serious consequences. If either spouse fails to follow the orders, you or your ex-spouse may face legal consequences. For example, if you fail to make alimony payments on time, the court may consider this contempt of court.
That is why it is best to immediately request a modification in your family law order if you can’t follow the order. Most changes are allowed (except revisions in the marital property decree) as long as there are unavoidable changes in your living situation or it is in the child’s best interest.
If you need to make changes in your family law order, it is essential to be proactive and act fast. At Chargois Harper Law, we have family law and divorce modification attorneys who can provide legal counsel and help you with your case. Contact our Houston TX law firm today for more information.
Who Can File a Modification Case?
In Texas, either spouse can file a modification case. If the modification case involves a minor child and you’re not the child’s parent, you may file a petition for modification if:
You’re in the current order.
You’re not a foster parent, and you‘ve had actual control, care, and possession of the child for at least 180 days within 90 days of filing the modification case in court.
The child’s parent, conservator, or guardian has died, and you’ve lived with the child and the child’s parent, conservator, or guardian for at least 180 days within 90 days of filing the modification case.
Both parents, a surviving parent, or conservator agree to the modification, and you’re the child’s grandparent, sibling, uncle, aunt, niece, or nephew.
Both parents are dead, and you’re the child’s grandparent, sibling, uncle, aunt, niece, or nephew.
The child’s current living situation will significantly affect or harm the child’s physical wellbeing and emotional development.
Do you need legal representation for your modification petition? At Chargois Harper law, we have years of experience dealing with divorce and other family law cases. Contact us today and get legal assistance from an experienced family law attorney!
How Do I File a Family Law Modification in Houston, Texas?
Usually, a family law order needs modification cause of a substantial or permanent change in the individual seeking modification after divorce. When requesting a modification in your family law order, it is best to wait until there has been a significant change in your situation.
To request a modification in the order, the individual requesting modification must file a petition to modify the original order. The petition must then be given to the ex-spouse. Aside from filing a petition, a judge may require you to show evidence that will support your claim. You need to prove that there has been a significant change in your situation since the original order.
If it shows that there has been a significant change in your situation that requires a modification in the original decree, then the court will allow for changes to be made. However, if your ex-spouse or the court will contest the modification, then a hearing may occur.
Got Concerns Regarding Family Law?
Call our Texas and Illinois family law and divorce attorneys today. At Chargois and Harper Law, we have legal experts who can help you with your divorce issues and family concerns. If you’re planning to file a family law modification in Houston, TX or in Illinois, our trusted family law attorneys can provide legal assistance and a solution that will fit your needs.
Contact us today at (832) 479-4499 for more information.
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