Modifications

Life changes and sometimes the custody, visitation, or child support order you finalized no longer fits the needs of your family. Under Texas law, a court order can be modified when there has been a material and substantial change in circumstances since the order was signed, such as a parent’s relocation, a shift in income, a child’s needs, or concerns about a child’s safety and well-being. These cases are often emotionally charged and can be highly contested, particularly when one parent disputes the need for change. Walters Gilbreath, PLLC handles on average 150 modification and enforcement cases each year, giving our legal team thorough, hands-on experience navigating the high-conflict dynamics that frequently accompany these disputes. If you believe your circumstances have changed enough to file a modification, we invite you to schedule a consultation to speak with a WG attorney to discuss your options.

Once a hearing is held, the Court will decide as to whether or not the responding party was in violation of the order pursuant to allegations made in the filing party’s motion. If the court finds that a parent failed to comply with the court order on at least one occasion, that parent could face serious consequences, including, but not limited to:

1. A finding of contempt, which could result in jail time and/or a monetary fine;
2. An award of “make-up” visitation for the parent who filed the motion for enforcement to compensate for his or her missed time;
3. An award of attorney’s fees to the parent who filed the motion for enforcement; or
4. A change as to which party is entitled to designate the child’s primary residence (in the event the party who filed the enforcement action later files a modification of conservatorship).

Modification Cases

Formerly completed cases follow a different procedure than original cases. Courts may modify an order involving children if modification would be in the best interest of the child and:

• The circumstances of the child, conservator, or other party affected by the order have materially and substantially changed (since the date the order was given or the date the related mediated or collaborative law settlement agreement was signed);
• The child is at least 12 years old and has expressed their preference to the court; or
• The conservator who has the right to designate the primary residence of the child has voluntarily relinquished primary care and possession of the child to another person for at least six months.

Suits Affecting Parent-Child Relationships and Modifications

A Suit Affecting the Parent-Child Relationship is either a stand-alone lawsuit or the portion of a divorce that relates to child support, conservatorship (decision making), possession and access, and the right to determine the primary residence of the child (custody). We typically see these cases if parents that have never been married decide to separate and have never formally entered into orders concerning their children. A Modification is a lawsuit filed to modify a prior order:

• • Whether the parents are joint managing conservators, or one parent is sole managing conservator.
  • Which parent has the right to determine the child’s primary residence.
  • The geographic restriction for the child.
  • The possession and access schedule for the child.
  • Child support.
  • Health insurance for the child.