Modifications of Court Orders

Our Attorneys Will Guide You through Custody Modification in Austin.

custody modification in austinAfter a divorce or original custody decree, the court orders related to child custody and visitation are binding and can only be altered by a subsequent modification. If you are seeking a custody modification in Austin, then you will need a family law attorney to assist in showing the court the reasons to justify changing the original order and how the changes would be in the best interest of the child. Merritt Law has experience with modification of both custody and child support orders under Texas law and can evaluate your request and advocate for its approval by the court.

Modification of Custody

The court will consider a modification of custody orders where there is one of the following elements present:

• A material and substantial change in circumstances to one or more of the conservators or a child;
• A child over 12 years old expressing their desire for the change when conferring with a judge; or
• A conservator with responsibility gave up care of the child for 6 months or more

Additionally, the party requesting the change must show that modifying the order is in the child’s best interest.

While the courts are not rigid about modification, they do not want to be continually altering arrangements that may not benefit the child. Requests for modification that are less than 12 months from the rendition of original order, require additional circumstances such as a threat to the emotional well-being or physical safety of the child for approval.

Modification of Child Support

Modification of child support is generally based on the same guidelines as custody but also includes a provision that child support amounts may be looked at every 3 years and if the amount that should be paid differs by 20% or $100 from the original court-ordered amount a modification shall be granted. In the end, you must also show that such a modification is in the best interest of the child.

Use of a Family Law Attorney

For any modification of custody, visitation or child support orders, a parent should have a family law attorney that can present the justification for changes that are in accord with Texas legal standards. The modification will be as binding as the original order, and have the same personal impact on your and your child’s lives as the original order.

Some requests for modification may not have the needed material changes the court requires and it is essential that the facts support the modification request. Merritt Law can assist in a request for a justified custody modification or child support in Austin.

Additionally, Merritt law can help in you fight a modification request by the other parent that undermines the rights of a client. We are prepared to protect your right to support, visitation and custody of your child even if your ex-spouse does not agree. Please contact us to schedule your initial consultation to discuss custody modification in Austin.