FAMILY & DIVORCE LAWYER

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Child Support

FREQUENTLY ASKED QUESTIONS

Answers To Your Most Commonly Asked Questions

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Yes, through a process called modification.

Custody (Conservatorship) Terms of visitation Child support, and other issues concerning the children of the parties.

A request to modify children’s issues must be filed in the Court which last entered an order regarding the children unless the residence of the children has changed. Then new issues arise which should be discussed with an attorney.

Generally, any person who is affected by the Court Order can request a modification.

The grounds for a change of custody are complex and should be discussed with an attorney. Some of the factors the Court considers are changes in circumstances of the parties, or of the child. The Court must always evaluate whether or not the change would be in the best interest of the child.

Except in certain extreme circumstances, you must wait one year after the Court entered the last custody Order.

If a motion to modify is filed, a child 12 years or older may file an Affidavit with the Court naming the parent with whom the child wishes to live. However, this choice is not binding on the Court because the Court must also consider technical grounds and the best interest of the child.

If the person having custody of the child under the last Court Order voluntarily leaves the child in the possession of another person for a period of more than 6 months and the Court finds that this arrangement is in the best interest of the child, the Court may modify custody upon the filing of the proper motion with the Court.

The Court may consider some of the following issues:

  • A material and substantial change of circumstances since the last visitation order;
  • The last visitation Order is unworkable;
  • The person with custody moves outside of Texas or moves without giving proper notice to the person with visitation rights before the move;
  • A person with visitation rights repeatedly fails to exercise visitation with the child.

Specifics should be discussed with an attorney.

Child support may be increased or decreased depending on any change in financial circumstances of the parties or a change in the needs of the child.