Are you looking for answers for how you can revise your custody agreement? Working with an experienced family law attorney can provide you with solutions to this problem to help promote the best interest of your child or children.
At Renken Law Firm we provide legal advice on a wide range of family court matters including custody of a child, child custody modification process, visitation schedule, child support payment, and more. Call us today to schedule a consultation for modifying your child custody agreement.
Either parent can file a modification case.
If you are not the child’s parent, you can file a modification case if:
- You are listed as a party in the current order,
- You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent.
- You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died.
- You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and:
- Both parents are dead,
- Both parents, the surviving parent or managing conservator agree,
- The child’s present circumstances will significantly harm the child’s physical health or emotional development.
The Texas Attorney General Child Support Division can also file a modification case.
Where do I file a modification case?
You must file a modification case in the Texas county where the current order was made.
If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.
If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case.
Who is the “petitioner” in a modification case?
The person asking for the current order to be changed is the “petitioner.” This is true even if that person is listed as a “respondent” in the existing order.
Who must be listed as a “respondent” in a modification case?
Anyone else listed as a party in the current order must be listed as a “respondent.”
If the Office of the Attorney General Child Support Division is listed as a party in the current order you must also list it as a “respondent.”
Will the judge change my court order?
It depends. There are legal standards that judges must follow before changing a court order. It is up to the person asking for the change to prove the legal standard. Read about the different legal standards below.
What is the legal standard to change child support or medical support?
To change child support or medical support you must prove that:
- The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed, or
- It has been at least three years since the last child support order, and a new support order, based on child support guidelines, would differ from the last support order by at least 20% or $100.
What is a “material and substantial change in circumstances” for changing child support or medical and dental support?
Generally, this means that at least one of these things has happened:
- The income of the parent ordered to pay child support has either increased or decreased, or
- The parent ordered to pay child support is legally responsible for additional children, or
- The child’s medical insurance coverage has changed, or
- The child’s living arrangements have changed.
- If you still are wondering
How Can I Revise My Custody Agreement?
Reach out to our team to learn more about the process of modifying your child custody agreement.
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