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.
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.
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.
Why Should I Hire An Attorney to Modify A Custody Order?
If you are looking to modify child support or a child custody order, our family law attorneys can help you. We work with you to promote the best interests of the child or children involved in your court order. If there is a reason that you need to modify visitation orders or make a support modification, we will help you to file all of the proper paperwork and navigate this legal process. Our law firm knows how important the welfare of your child is, this is why we work with you to make the process as smoothly as possible.
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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.