Sugar Land Modification Attorney

Helping Clients Throughout Fort Bend, Harris & Brazoria Counties Modify Child Support

People’s lives change more rapidly than ever. Long-term unemployment, remarriage, a job that requires you to move to another city or state, or any number of other factors can make an initial court order in a divorce unrealistic.

At the Tracton Law Firm, PLLC, in Sugar Land, I have represented clients in post-divorce modification matters for more than 40 years. Of course, not all modifications make sense, which is why I also represent individuals who want to block a modification request.

If you have questions regarding a modification to an existing divorce decree, call (281) 962-7738 or email our Sugar Land modifications lawyer to schedule an initial consultation.

Understanding Modifications To Existing Orders

In Texas, parties can move to modify a divorce decree by mutual agreement or by a showing of changed circumstances or fraud. However, modifications to existing orders are not automatically approved. Generally, courts modify ongoing obligations more readily than property division.

A verbal agreement between spouses to change an aspect of the original divorce decree is not enough. Deviation from a divorce decree that is not court-approved is not enforceable. It is always wise to involve a lawyer and have any modifications approved by the court.

Child Custody Modification

Texas law allows modifications in a child custody order upon a showing of material and substantial change in a parent’s circumstances if the modification is shown to be in the best interests of the child. Courts have ruled that remarriage, a disabling medical condition, criminal acts, or change of residence are sufficient to cause to consider a modification.

Circumstances that may support a child custody modification include:

• A parent’s move out of the geographic area
• A parent’s medical condition or disability
• A special need on the part of the child such as education or medical requirement
• A parent’s addiction to alcohol or drugs
• A parent’s failure to exercise parenting time with the child
• A development change in the child that indicates a need to change custody or shared parenting arrangements
• A child’s wishes

Child Support Modification

Regarding requests for changes to child support, the party asking for modification must show proof of a material and substantial change in the circumstances of either the child or a parent. Courts accept proof of a substantial increase or decrease in one parent’s income or a substantial increase in a child’s expenses.

What is the Process of Modifying Custody and Support Orders in Texas?

The process of modifying custody and support orders in Texas can be complex. It involves several steps, including filing a petition, presenting evidence, and attending hearings. It’s important to work with an experienced Sugar Land modification lawyer to navigate the legal process effectively.

The process can differ depending on whether the modification is related to custody or support, but the steps generally include the following:

• Filing a Petition for Modification: To begin the process, the parent seeking a modification must file a petition with the court. This petition explains the reasons for the requested modification and includes details about the changes in circumstances that justify a modification. It’s important to present a compelling case for modification, whether the change pertains to custody or child support.
• Notification to the Other Parent: Once the petition is filed, the other parent must be notified. In some cases, the other parent may agree to the modification, and the process can move forward more smoothly. However, if the other parent contests the modification, they will have an opportunity to respond to the petition and present their case.
• Gathering Evidence: A key part of any modification case is gathering the necessary evidence to support the claim for modification. This evidence could include financial documents (for child support modifications), medical records (if there are changes in the child’s health), or testimony from experts such as doctors, teachers, or social workers. If the modification relates to custody, the evidence may include information about the parents’ living arrangements, the child’s well-being, and any changes in the child’s needs. For cases involving allegations of parental unfitness or unsafe living conditions, evidence such as police reports, child protective services reports, or statements from witnesses may be necessary. The evidence should demonstrate that the modification is in the best interests of the child.
• Mediation: In Texas, many family law cases, including modifications, require mediation before proceeding to trial. During mediation, the parents will discuss the proposed changes to custody or child support and work toward an agreement. If mediation is successful, the court will review the agreement and, if acceptable, approve the modification.
• Court Hearing: If mediation does not result in an agreement, the case will proceed to a hearing. During the hearing, both parents will have the opportunity to present their case, including their evidence and arguments for why the modification should or should not be granted. The judge will consider the evidence, listen to the arguments, and make a ruling based on the best interests of the child.

How Long Does the Modification Process Take?

The duration of the modification process in Texas can range from a few months to over a year, depending on factors such as the complexity of the case, whether both parties agree, and the court’s schedule. After filing a petition, the court may schedule a hearing in a few weeks to a few months, and mediation, if required, can add several weeks to the process. 

If the case proceeds to a hearing, the timeline will depend on court availability and the complexity of the issues. Uncontested modifications can be resolved quicker, while contested cases may take 6-12 months or longer. A Sugar Land modification lawyer can help ensure that your case is handled efficiently and effectively.

What are the Benefits of Modifying Court Orders?

Life circumstances can change after a divorce or child custody agreement, and it's important to understand the benefits of modifying court orders to reflect these changes. Whether it's a change in income, living situation, or the needs of the children, a court-approved modification can ensure that the legal agreements accurately reflect the current situation.

Some benefits of modifying court orders include:

• Ensuring fair and accurate child support payments
• Adapting custody arrangements to better suit the needs of the children
• Addressing changes in income or financial circumstances
• Avoiding legal issues or disputes due to outdated agreements
• Providing a legal framework for changes in visitation schedules

Our experienced attorneys in Sugar Land at Tracton Law Firm can guide you through the process of modifying court orders to ensure that your legal agreements accurately reflect your current situation and needs.

Learn Why A Court-Approved Modification Is Essential

It’s a good idea to retain the services of an experienced Sugar Land divorce modification attorney who can properly support your request and supply the necessary documentation. Verbal agreements between former spouses is not sufficient. I have a thorough knowledge of the procedure and circumstances that must be shown to amend a court order.

If you have questions regarding a modification to an existing divorce decree, call (281) 962-7738 or email our Sugar Land modifications lawyer to schedule an initial consultation.