Obtain Modified Custody, Visitation and Support Orders
People and situations change. A child custody, visitation or support order that once worked in the best interests of your child may no longer do so, especially if the lives of the people involved have substantially changed since the original order was signed. Under the right circumstances, Texas law permits the modification of the terms of child custody, visitation and support in an order. Sugar Land child custody attorney Chikeersha Puvvada can help you determine whether you can or should seek modification of an order. If modification is the right course for your child, Chikeersha will strive to help you obtain a modification that better reflects everyone's current situation while still creating a healthy environment for your child.
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Child Custody & Support Modification FAQs
When can I modify conservatorship and/or the visitation schedule?
For an explanation on when you can modify conservatorship and/or the visitation schedule, read our article Modifying Your Child's Conservatorship Order.
Can I change who has the right to designate the primary residence of my child while my modification suit is still ongoing?
While a modification is still ongoing, the Court can only change who has the right to designate the primary residence of a child if the change is in the best interest of the child and one of the following is true: 1) the child's present circumstances significantly impair the child's physical health or emotional development, 2) the person who has the right to designate the primary residence of the child has voluntary relinquished primary care and possession of the child for more than 6 months, or 3) the child is at least 12 years old and has expressed to the Court with whom he or she wants to live.
When can I modify child support?
There are two circumstances in which the amount of child support can be changed. First, the child support amount can be changed if: 1) the current child support order was based on the guidelines for calculating child support in the Texas Family Code, 2) the current child support order is at least three years old, and 3) the amount of monthly child support in the current order differs by either 20% or $100.00 from the amount that would be due now under the Texas Family Code's guidelines. Second, the child support amount can be modified if there has been a material and substantial change in the circumstances of the child and/or the parents of the child since the date of the current child support order or the date of the mediated settlement agreement on which the current order is based, whichever is earlier. Some common examples of a "material and substantial" change in circumstances that justify a modification of child support include changes in employment and/or significant changes in income by the paying party.
My child's other parent has a new spouse. Will the new spouse's income be included in recalculating child support?
No. A Court cannot consider a paying parent's new spouse's income when calculating child support during a modification.
When is the earliest that a change in the amount of child support can start?
The earliest that a change in child support can start is the earlier of the following: 1) when the Respondent in a child support modification suit is served with notice of the suit, or 2) when the Respondent in a modification makes their first appearance in the case.
Visit our FAQ section to learn more.