Category: Modification of Custody

How Can I Revise My Custody Agreement

How Can I Revise My Custody Agreement?

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.

Who can file a modification case?

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.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Tips For Handling Child During The Holidays

Tips For Handling Child During The Holidays

The holidays are a welcomed break from our usual schedule. This time of the year gives us a reason to spend more time with family and can be a time full of excitement and joy. Unfortunately, just as they can be a time that brings great excitement and joy- they also have the potential to be stressful. For many people, especially those with shared custody of their children, this time of the year can come with its own set of unique challenges. Make sure to remember to put the needs of your children first this season and spend a little extra time planning and preparing for the holidays. Listed below are some tips for parents to keep in mind for handling child custody during the holidays:

 

Plan Your Schedule In Advance: While this rule is applicable at all times of the year, it is especially good for both parents to be communicative and plan their child’s schedule in advance around the holidays. There are many different ways parents can decide where their child will spend holidays, some of the most common options for parents sharing custody are:

 

Alternating Custody Annually: Meaning if you have your child for Christmas this year, your partner will get custody of the child next Christmas. Some parents also find trading holidays to be the best solution for their families. Meaning, on Thanksgiving the child would be with parent 1 and on Christmas the child would be with parent 2.

 

Split The Holiday: For some families, especially those where both parents live in close proximity to each other, splitting the holiday period between two places may be the best solution. If both parents can agree to a schedule that allows this, and the child is not being strained, this can be a good solution.

 

Spend The Holiday Together: In cases where it is viable for both parties to spend the holiday together in an amicable and healthy way, spending the holiday together can be a simple solution for figuring out how your child will spend the holidays.

 

Put Your Children First: This is a rule that should be followed year round by both parties, under all circumstances. The holiday season is about creating wonderful memories with those you love and spending quality time together. Make sure you are doing everything you can to make your child’s holiday season full of joy.

 

Be Flexible: Custody issues can be complicated and difficult, especially in the case of couples who ended their relationship on rough terms. Working with the other parent to be flexible and do what is best for your child or children, is the best way to make your child feel safe and secure this holiday season.

 

Custody Divorce Attorney in Houston

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #618
Houston, TX 77092
(713) 956-6767
https://therenkenlawfirm.com