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Custody Modifications in Texas

Child custody modification sometimes occurs after an initial order is decreed. Sometimes both parents agree to the modification, while in other situations one parent wishes to apply for new child support guidelines. Learn more about child custody modification in Texas from Ramos Law Group.

Can Custody, Visitation, or Child Support be Changed after a Divorce Decree is Final?

Custody, visitation, and child support can all be modified after the divorce decree, or any other court order is final. Either parent may file a motion to modify with the court that last entered an order regarding the children. If the children have lived in a different county for six months, a motion to transfer the case to that county may also be filed by the parent filing the modification motion or the parent responding to it.

Start by scheduling a consultation to review your child custody agreement and modification goals. We’ll help you plan the fight to get the terms of your custody modified.

When Can Visitation and Custody be Modified in Texas?

Texas child custody and visitation modification may be ordered if the circumstances of the child, or one or both parents, have materially and substantially changed causing the current order to be unworkable or inappropriate. Additional procedural steps must be taken if a party seeks to modify a decree within one year of it being signed by the judge.

When May an Order of Child Support be Modified?

An order of child support may be modified at any time upon a showing of substantial change in circumstances or after three years from the original order if the amount of support would change by $100 per month or 20%.

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Divorce – Think of the children

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Tip – Filing your original petition

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Can I Order Child Custody Modification in Texas Without a Change in Circumstances?

Yes. Generally, an order of child support may be modified one year or more after it has been entered without a showing of substantial change in circumstances if:

  • The order causes a severe economic hardship on either party or the child.
  • The child is no longer in the age category on which the support amount was based.
  • The child is still in high school and there is a finding that there is a need to extend support beyond the eighteenth birthday to complete high school.
How do I Start a Texas Child Custody Modification?

First, talk to an experienced lawyer to discuss the merits of your case, and review the child custody agreement or decree. If you would like to move forward, a petition to modify must be filed. This is very similar to the original petition that was filed in your original custody.

The other party is served with notice of the lawsuit, generally by a process server. Depending on the issues and the court, mediation may be required. If an agreement cannot be reached, the court will hold a final trial on the merits and make a ruling on the issues in this case. Sometimes used for child custody modifications in Texas, temporary Order hearings are only held in cases when operating under the previous court order would harm the emotional or physical development of the child.

How Long Does the Other Parent Have to Respond?

The responding party’s answer must be returned to you (or your attorney) and the answer filed with the court within twenty days after service of the petition.

Working with Ramos Law Group

If you have more questions about Texas child custody modification or making changes to child custody agreements and decrees, please reach out to the specialist attorneys at the Ramos Law Group today.

Our Client Testimonials

Superb Law Firm

The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.

Worth Every Penny

"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."

Custody case won

"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "

Divorce Attorney

"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "

Highly recommend

"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "

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