When and How DFW Parents Can Change Custody or Support Orders
Your divorce is final and the court has issued an order establishing custody and support. Unfortunately, though, things have changed. Maybe one parent has lost a job, or perhaps a minor child’s needs have changed dramatically. You would like to ask the court to change the terms of custody and/or support.
How do you do that? What are the circumstances under which an existing custody or support order can be amended or modified?
What’s the Process for Modifying an Existing Divorce Decree?
To change the terms of a custody or support order, even if you and your ex are in agreement, you must file a Petition to Modify the Parent-Child Relationship. This petition must be filed with the court that issued the custody or support order currently in effect. Once the petition has been filed in the appropriate court, you must deliver a copy to your ex-spouse.
The court will schedule a hearing on the Petition, during which either party may testify or provide evidence to either support or challenge the proposed modification. The parties may negotiate an outcome between themselves but will still need court approval for their settlement terms. The court will issue a new order setting forth the new custody or support requirements.
What Must You Show to Be Eligible To Modify an Existing Custody or Support Order?
To qualify to modify an existing custody or support decree in Texas, you must demonstrate that there has been a significant change in circumstances since the current order was issued. Among the factors that can be used to show such a change are:
- A significant change in either parent’s ability to meet or provide for the child’s needs
- A significant change in the child’s health or well-being
- A change in the child’s location
- A significant change in one party’s employment, income, or ability to financially provide for the child
It’s important to understand that simply losing your job is generally not sufficient to obtain a modification of child support. You must show that the change is permanent and that there is no reasonable expectation that you’ll be able to earn enough to meet your child support obligations.
What Other Considerations Affect an Attempt To Modify an Existing Divorce Order?
All decisions regarding custody and support in Texas must, by law, give priority to the best interests of the child. Accordingly, even though a change in circumstances might impose a hardship on you, the court will be reluctant to make any changes unless you can provide credible evidence that the denial of the modification request will be detrimental to the child.
Furthermore, as set forth in the Texas Family Code, you must generally wait a minimum of one year from the date of an existing custody order before you can request a modification.
At Bailey & Galyen, we have fought for the rights of women and men in divorce matters in Texas for more than 40 years, including many clients seeking post-divorce modifications. We have a comprehensive knowledge and understanding of the controversies that can arise in a divorce, including both custody and support issues.
Contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
