Modification

A Modification, or Modification of a Parent-Child Relationship, is a lawsuit that seeks to change a provision (or provisions) in the last order or decree in your family law case.

A request to modify your “Possession and Access Schedule” or “Parenting Time” asks the court either to change the amount of time you or your ex-spouse spends with your child or children. The modification process also addresses requests for changes in child support and post-divorce spousal maintenance or spousal support. Generally, there must be substantial cause for the change and proof that the current situation is not maintainable.

Grounds For Modifying Family Court Orders In Texas

Modifications to family law orders can be requested under specific circumstances. Some common grounds for modification include:

• Relocation: A significant move that affects the child’s school or the distance between parents can justify a modification.
• Changes in income: If one parent’s financial situation changes substantially, it may warrant an adjustment in child or spousal support.
• Changes in the child’s needs: As children grow, their needs can change, requiring modifications to custody or support arrangements.

Amid a change in the level of involvement of a parent, such as increased or decreased time with the child, a modification might also be warranted.

Legal Requirements For Modification Approval

Certain legal requirements must be met to successfully file for modifications under Texas law. For instance, the party requesting the modification must demonstrate that there has been a substantial and material change in circumstances, making a change essential.

Including documentation that supports the request can improve the odds of success. Examples include financial records, relocation details and evidence showing changes in the child’s needs or the level of parental involvement.

Ultimately, the modification must be approved by the court, which will consider the best interests of the child as the primary factor.

Types Of Modifications Available In Texas

You can petition the family court to modify various family-related issues in Texas. Common examples include:

• Custody (possession and access) arrangements: You must demonstrate the proposed change will serve the child’s best interest.
• Visitation (parenting time) rights: Changes may be granted by showing significant shifts in the child’s schedule, a parent’s availability or amid concerns about child safety and well-being during visits.
• Child support: The court may allow modifications if you demonstrate substantial changes like a drop in income, job loss or the child’s changing needs.

The court will also consider spousal support modification petitions. As with child-related issues, you must show a significant change in financial circumstances, including income loss, remarriage or other economic changes, to obtain court approval.

Call For Personalized Representation

If you plan to ask the court to modify a divorce decree or family court order, call an experienced Houston lawyer at 281-305-6381 or contact us online to discuss your situation. We can help you file a compelling petition or provide legal guidance if your former spouse or co-parent is seeking unreasonable modifications.