Houston Divorce & Child Custody Modification Lawyers

Over time, circumstances change, and sometimes that means that agreements you made in a divorce decree are no longer in your or your child’s best interests. Although the terms of a divorce agreement are binding and not easily changed, it is possible.

This is called a ‘divorce modification.’

However, modifications will usually only be considered if there is a significant change in circumstances. If you or your ex-spouse are looking to change an aspect of your divorce decree, custody, or child support agreement, then you should seek help from a lawyer who can guide you through the process, protect your interests, and ensure the best possible outcome.

Skillern Firm Divorce & Child Custody Lawyers is a family law firm with a team of experienced lawyers. When you receive legal representation from us, you ensure that someone is fighting for your best interests.

Modifications can be challenging, especially after a complex divorce. Here at Skillern Firm Divorce & Child Custody Lawyers, we have handled numerous divorce modifications and are highly skilled at navigating family law issues. Our Houston child custody lawyers pride ourselves on our mediation skills and will handle your case with the care and dedication it deserves. Contact us today at (713) 229-8855 to arrange an initial consultation with a family lawyer.

Are Divorce Decrees Legally Binding?

Regardless of whether you have reached a divorce agreement through out-of-court negotiations or litigation, divorce decrees are finalized through court orders. They contain legally binding obligations such as how marital assets will be divided, spousal maintenance obligations, custody rights in regard to children, and other matters. Factors agreed upon in a divorce decree are enforceable by the court, and if one party fails to comply, then they can be held accountable for non-compliance.

It is not uncommon for circumstances to change and for it to become difficult or unjust for one party to meet their obligations or restrictions. Therefore, it is possible to seek modifications.

When Can Divorce be Modified in Texas?

A divorce decree in Texas cannot be changed easily. For a modification to be successful, a significant change in circumstances must usually have occurred. In addition, at least six months must have passed since the divorce was finalized, although, the more time that has passed, the better. Under Texas Law, modifications can be made if both parties are in mutual agreement or if there has been a significant change in circumstances for either a child or one or both parents.

Mutual Agreement

A mutual agreement is an acceptable means to change the terms and conditions of a divorce decree. Some spouses remain amicable during the divorce process, or it may be that over time they become better able to compromise with one another. If both parties are able to come to an agreement for a modification, then they can file a petition to the court. However, if children are involved then changes must be in their best interest.

Justifying Modifications in Houston, TX

When a court considers divorce decree modifications, they can take into account the behavior of former spouses. For example, if you are hoping to change a custody order, then your behavior and the custodial parent’s behavior may be of utmost importance.

Family courts usually consider attempts to resolve issues amicably as good behavior, and only after this approach has failed will the court hear your request.

However, if a health and safety issue exists, such as domestic violence, this can be overridden. It can be difficult to evidence good or bad behavior. In these situations, written records such as texts and emails can become invaluable.

Possible reasons to modify child support, child custody or spousal maintenance in Texas may include:

• Significant decrease or increase in income
• A serious medical condition that impacts finances or a parent’s ability to care for the child
• Remarriage, which may affect that person’s finances or the conditions of the household
• A new substantial need of the child, such as a medical condition or disability
• A new hazard to the child’s physical, mental or emotional well-being

Often, parties disagree about whether a specific situation warrants a modification.

While the court has the final say, the other party may challenge your request. However, they might not fully understand the challenges you are facing.

In these situations, we will remain faithful to your interests and the interests of your child. With deep experience in family law, we understand how to maximize your chances of gaining approval for your modification request.

How To Modify A Divorce Decree In Texas

To make amendments to a divorce decree, a petition must be filed in the same court where the divorce agreement was finalized. There may then be a hearing where any substantial changes can be considered. While undergoing a divorce decree modification, It is wise to employ an attorney who you can rely on to ensure that all paperwork is in order and that everything is sufficiently evidenced.

What Can Be Changed After a Divorce Decree Is Finalized?

Child custody, the visitation schedule, and child support can all be modified even after a divorce has been finalized. Parents can sometimes agree that a modification is necessary, or a single party can file a petition for modification. Certain people other than the child’s parents can also file a petition for modification, such as:

• Someone who has had actual care, control, or possession of the child for a minimum of six months.
• Anyone who is listed as a party under the current custody order.
• Certain blood relatives of the child if both of the child’s parents agree to the modification, the child is in physically or emotionally harmful circumstances, or if the parents have died.

Modification Of Spouse Support

One of the most important modifications is changes to spousal support or spousal maintenance, which can be defined as the amount of money one ex-spouse must pay the other. Spousal maintenance has a big impact on the financial well-being of both parties.

Changes in circumstances can directly affect an individual’s ability to pay spousal support and therefore, modifications are permitted.

In order to implement modifications in spousal support, there must have been a material and substantial change in circumstances. For example, significant injury or liability, job loss, substantial reduction of income, or other events that create significant changes in financial circumstances.

Sometimes, final divorce orders permit a sliding support scale which gradually decreases payments over time. Spousal support could also be stopped entirely when a former spouse remarries or cohabitates with another person.

Child Custody Modifications

Few family law issues create as much emotion as establishing child custody. When a divorce is handled fairly and reasonably, it should create a sense of relief for everyone involved when it is finalized.

However, circumstances change, and sometimes a child custody order that once worked for you no longer makes sense. It may no longer be viable for you, or it could no longer be in the best interests of the child.

Fortunately, child custody orders can be changed. Regardless of whether you have sole custody or joint custody, you can seek a modification, under the right circumstances. Changing a divorce decree isn’t easy, but fortunately, our team of child custody lawyers at Skillern Firm Divorce & Child Custody Lawyers have the skills, experience, and resources necessary to handle your case.

Contact Skillern Firm Divorce & Child Custody Lawyers

A Texas child custody modification must be in the child’s best interest if it is to be accepted by the court. Our team at Skillern Firm Divorce & Child Custody Lawyers will work tirelessly to protect children and fight for the rights of our clients.

Our approach to the attorney-client relationship is unparalleled. We take the time to get to know our clients and offer a highly personalized approach. We are equally skilled around the negotiation table, as we are in the courtroom, meaning that we can handle even the most complex cases. If you want to discuss your case with one of our skilled lawyers, then call our law firm today at (713) 229-8855.

When Can I Modify a Custody Order in Houston, TX?

In Texas, the person seeking a custodial modification must show that the modification is in the child’s best interest. There is a seminal case in Texas on some of these factors, commonly referred to as the “Holley” Factors.[7] That case can be found by clicking here. As outlined by the Court, this non-exclusive list of factors includes:

• the desires of the child;
• the emotional and physical needs of the child now and in the future;
• the emotional and physical danger to the child now and in the future;
• the parental abilities of the individuals seeking custody;
• the programs available to assist these individuals to promote the best interest of the child;
• the plans for the child by these individuals or by the agency seeking custody;
• the stability of the home or proposed placement;
• the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and,
• any excuse for the acts or omissions of the parent.

What Qualifies as Material and Substantial Change?

There are several factors that could be considered by the Court to determine if a material and substantial change has occurred. Proving a material and substantial change is a fact-intensive inquiry and is looked at by the Court on a case-by-case basis. In Texas, some changes are deemed material and substantial by law. A non-exhaustive list of some of these statutes include:

• A conviction or deferred adjudication for sexual abuse of conservator;
• A conviction for continued sexual abuse;
• A conviction or deferred adjudication for family violence;
• The child was conceived by a criminal act; and,
• Evidence of sexual abuse.

Some of the factors that a Court will look at to see if there has been a material and substantial change include:

• Have geographical restrictions been violated?
• Has there been parental alienation?
• Has there been a change in the home environment? (ie. remarriage, frequent moves, new siblings, alternative lifestyles).
• The age of the child and their needs.
• Severe conflict and discord between parents.
• Incarceration of a parent.
• Drug and alcohol abuse by a parent.

These factors are fact-intensive and the Court will rely on evidence of the specific facts alleged by the person seeking the modification. The burden of proof is on the person seeking the modification.

Child Support Modification

In Texas, in order for child support modifications to be made, at least three years must usually have passed since the order was signed, unless there is a substantial change. Some examples of grounds for a child support modification include:

• The former spouse’s salary has increased, and they can afford to pay more in child support.
• The former spouse has lost their job, or their salary has decreased, and they can no longer afford to pay what they did.
• The former spouse paying child support now has another child to support.
• The child is going on to further education and needs more financial support.
• There are changes to the child’s medical issues or disabilities that require additional expenses.

When Will the Court Modify a Child Support Order?

Following a divorce, usually, the highest-earning spouse is ordered to pay child support payments unless they themselves are the primary custodian. The reasons for which a court may consider modifying a child support order may be due to:

• The circumstances of any party involved in the child support order, having materially or substantially changed. For example, one parent has lost a job, or the child is moving on to further education.
• It has been three years or more since the child support order was issued, and the monthly amount owed, in accordance with guidelines, has now changed by at least 20% or $100.

Agreed Modification

In Texas, both parents do not need to agree to a modification in order for it to be successful, although it does help. When all parties involved agree to the modification, then documents can be submitted jointly to the court. Your Houston modification lawyer can help you file a petition to modify and propose a modification order.

At Skillern Firm Divorce & Child Custody Lawyers, our qualified mediators can help you and your ex-spouse figure out an arrangement that meets your child’s interests, protects your rights, and is one that the court is likely to accept.

If you also want to modify child support, then you will need to file a proposed child support order as well.

Once you file the documents, in the same court where the original child custody order was issued, you will need to attend a hearing.

Here the Judge may sign your proposal if they feel the changes are in the child’s best interests. At this point, you can file the signed order with the clerk, and your modification will be final.

Contested Modification

Sometimes parents cannot agree on a modification, or it may not be safe or viable for you to even approach it with your ex-spouse. Although a contested modification will take longer, it is possible. You will still need to attend mediation to show the court that you have tried to reach an agreement amicably, and Skillern Firm Divorce & Child Custody Lawyers can help you with this.

When you can’t come to an agreement, your family law attorney will help you file a motion for modification on your own, and will help you evidence to the Judge why changes are necessary.

Default Modification

A default modification happens if you file for a modification and the other parties fail to respond. Once the other parent is served modification papers, they have 20 days to respond, if they do not respond then your modification case could be approved by default. However, if they file an appropriate response at any time before your case is finalized then it will not be completed by default. Instead, your case must proceed with either an agreed or contested modification.

Different Types of Child Custody Arrangements in Texas

If you are fighting to change a child custody arrangement, it might be helpful to understand the different options available to you in Houston, Texas.

There are two primary forms of custody and visitation; joint custody and sole custody. A modification might mean changing from one to the other, or amending a joint custody arrangement so that one parent has more or less time with the child.

Joint Custody

Joint custody or joint managing conservatorship is where both parents share rights and duties to the child. Including shared time and the right to make decisions on behalf of the child. Whoever has the child during the week is the primary conservator, and the other parent has visitation rights.

Sole Custody

When one parent has sole custody, they are the sole managing conservator. That means they have the right to make all decisions in the child’s life such as their education and medical care. This usually only happens if the court is concerned about the other parents’ effect on the child’s wellbeing. Even where this is granted, they may still be awarded supervised visitation.

Whether you are fighting for a modification to move to joint custody or sole custody, a family law attorney can help you gather the evidence you need, and guide you through the process.

What if my ex has custody and they and my children live outside of Texas?

In a situation where either: 1) the child, the child one parent, or the child and a person acting as a parent have a significant connection with Texas; and, 2) substantial evidence concerning the child’s care, protection, training and personal relationships is no longer available in Texas, then it is possible that the Texas Court could lose jurisdiction to modify its earlier order or decree. It is vital to retain a competent, knowledgeable, and experienced family lawyer to assist you with determining which Court may have jurisdiction to consider a modification.

Contact Skillern Firm Divorce & Child Custody Lawyers Today

Changing a previous court order is not easy. But with the help of an experienced divorce attorney at Skillern Firm Divorce & Child Custody Lawyers, you have the best chance at obtaining a favorable result.

With the Houston modification lawyers at Skillern Firm Divorce & Child Custody Lawyers, you will receive highly personalized legal help. You can rest assured that our legal team will guide you from start to finish and will be prompt to answer your questions and put your mind at ease.

We know how difficult a child custody case can be. But by prioritizing mediation and negotiation the proceedings run a lot smoother. We will help prevent communication from breaking down and will work tirelessly to protect your rights.

Give Skillern Firm Divorce & Child Custody Lawyers a call today at (713) 229-8855 to arrange an initial consultation.

Child Custody Resources

• Father’s Rights
• Paternity Rights
• What is Considered a Violation of Custody Orders in Texas?
• Will I Get Full Custody if My Ex Has a Criminal Record?
• What is Considered an Unstable Home for a Child in Texas?
• What is Considered an Unfit Parent?
• What if my wife or husband tries to move the kids out of the state of Texas?
• Do Courts Favor the Mother Over the Father in Texas?
• Can a Judge Order Supervised Visitation or No Visitation?
• What if We Cannot Agree On An Arrangement For Custody in Texas?
• What Can I Expect From Temporary Orders?
• What is a parenting plan and do I need one in Texas?
• How Does the Court Determine Child Custody in Texas?
• How to Find The Best Child Custody Attorney?
• What Happens at The First Custody Hearing?
• How to Win a Temporary Custody Hearing?

Divorce Modifications FAQ

Q: Can you amend a divorce decree in Texas?

A: In Texas, it is possible to modify a divorce decree. However, it isn’t always possible and can be challenging to accomplish. When you contact our law office in Sugar Land, TX, we can provide an initial consultation and will advise you on whether we think you are eligible.

Q: What is a modification lawyer?

A: Divorce modifications fall under family law. A modification lawyer is a family attorney who has experience with divorce decrees and modifications and can therefore meet your legal needs.

Q: Does a good divorce attorney make a difference?

A: A good attorney will guide you through the legal process of divorce in the Sugar Land area. They will help you move through it quickly and with less stress than if you were to try and handle it alone.

At Skillern Firm Divorce & Child Custody Lawyers, our attorneys are skilled at mediation and will also work to minimize court involvement where possible while ensuring that your best interests are considered.