Family Law Modifications Lawyer

What is the Process for Modifying a Family Court Order in Texas?

There is essentially no court order that cannot be modified given the right circumstances and argument. Some of the most commonly modified orders are those directly involved with a divorce.

It is important to remember that any modification you request cannot be of any detriment to your children. The court will always hold a child’s best interests in the highest regards, and during the modification process is no exception.

You may wish to get a modification for:

A modification will be necessary if you have undergone a significant life event that calls for it, such as:

Debilitating injury or illness
Relocation to keep employment
Unexpected job loss
Remarried

Modifying a court order is by no means a simple process. From the beginning, the court will not want to modify any sort of order, as it means more work and going back on what it once determined was the best decision.

You will need to convince the court – and your ex-spouse if you want to keep things straightforward – that modification is both beneficial and necessary. If either of those stipulations are not met, the modification is likely to be rejected.

Need to Modify a Court Order? Life changes, and your court orders should reflect that. Contact us today at (817) 435-4970 for a free consultation and let us help you navigate the modification process.

Types of Family Law Modifications

When requesting a modification, it's important to understand whether the change is temporary or permanent. Temporary modifications are granted when a short-term issue arises, such as a job loss, medical emergency, or sudden relocation. These modifications last only until the situation stabilizes. Permanent modifications, on the other hand, apply to long-term changes like a parent’s remarriage, a significant change in income, or a child's evolving needs. Courts require strong justification before approving permanent changes.

In some cases, an emergency modification may be necessary. If a child's safety is at risk due to abuse, neglect, or a dangerous home environment, the court may issue a temporary emergency order. This type of modification is granted quickly, sometimes within days, to protect the child while a full hearing is scheduled.

How to Prove a Significant Change in Circumstances

Courts do not approve modifications without valid proof that circumstances have significantly changed. A "material and substantial change" must be demonstrated to justify altering an existing court order. Some common qualifying changes include:

Financial hardship or improvement, such as losing a job or receiving a significant salary increase.
Health issues, where a parent or child develops a serious medical condition that affects their care needs.
Relocation, especially if a parent moves far enough to impact visitation or joint custody arrangements.

To support a modification request, evidence is essential. Financial records, such as pay stubs and tax returns, can prove income changes. Medical reports help show the necessity of adjustments based on health concerns. Additionally, witness testimony from teachers, doctors, or family members can provide insight into the child's well-being and whether a modification is in their best interest.

Child Custody Modifications in Texas

Child custody orders can be modified if the changes serve the best interests of the child. Courts typically allow modifications when:

A parent becomes unfit due to substance abuse, neglect, or criminal activity.
One parent moves a significant distance, making the existing custody arrangement impractical.
The child expresses a strong preference to live with the other parent, if they are old enough.

Judges consider factors such as the child’s emotional stability, the home environment, and each parent’s ability to provide care before approving a modification. If you believe a custody change is necessary, gathering strong evidence and working with an experienced attorney can improve your chances of success.

Frequently Asked Questions (FAQ) About Family Law Modifications in Texas

How often can I request a modification to a court order?

There is no strict limit on how often you can request a modification, but courts typically require a significant change in circumstances before reconsidering an existing order. Repeated or unnecessary requests may be denied.

Do both parents have to agree to modify a custody or support order?

No. While an agreement between both parents can make the process easier, one parent can request a modification even if the other objects. If there is no agreement, the court will decide based on the child's best interests.

Can I modify child support if my ex gets a raise?

Yes. If the paying parent’s income significantly increases, the receiving parent can request a modification for higher child support. However, courts will only approve the request if the increase is substantial and affects the child's well-being.

What happens if my ex refuses to follow a modified court order?

If your ex refuses to comply with the new order, you can file a motion to enforce with the court. The judge may impose penalties, including fines or even jail time, for failing to follow a legally binding order.

Can I modify a custody order if my child wants to live with me?

Possibly. In Texas, children 12 years and older can express a preference, but the judge makes the final decision based on the child’s best interests. The court will consider the child's reasoning, home environment, and parental stability before approving a change.

Does remarriage automatically affect child support or custody?

Not necessarily. While remarriage alone does not change custody or support, it could be a factor if it affects the child's living situation, financial needs, or parental involvement.

Can I move out of Texas with my child after a divorce?

It depends. If your custody order includes a geographic restriction, you must get the other parent's consent or court approval before relocating with your child.

Discuss Your Options with Our Attorneys

Court orders as part of a family law dispute must be taken seriously, but they are not necessarily set-in-stone. If you believe you have the legal grounds to change a court order for the better, you should discuss modifications with our Fort Worth family modification lawyers at The Clark Law Firm.

We can analyze your case and let you know with better accuracy whether or not your proposed modifications will stand a chance in court. With our high-experienced attorneys at your side, you can move your modification case forward and with confidence.

Ready to see how modifications to court orders can make your life easier? Why not contact our Fort Worth modificationlawyers to learn more about what options may be available to you? We offer initial consultations at no-cost to you and with no obligation, so you have nothing to lose just to learn more.

Don't Wait to Protect Your Rights! Whether you need changes to custody, support, or visitation, our experienced attorneys are ready to help. Contact us now at (817) 435-4970 to discuss your options.