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Modifications

Houston Spanish-Speaking Family Law Order Modification Lawyer

Modification of Child Custody Orders

A child custody order that established child custody and a visitation schedule that was in the best interest of a child at age three may not be in the child's best interest at age fourteen. For this reason, you can seek a modification of a family law order relating to child custody, possession or access when the modification is in the best interest of the child and:

  • there has been a material and significant change in your circumstances, your spouse's circumstances, or your child's circumstances;
  • the child is at least 12 years of age and the child files with the court the name of person the child prefers to be the primary custodian; or
  • the primary custodian has voluntarily relinquished possession of the child to another person for six months.

To obtain a modification of a family law order relating to child custody, possession or access within one year of the rendition of the order, the applicant must file an affidavit with the petition for a modification that sets out facts demonstrating that:

  • the child’s present environment may endanger the child’s physical health or emotional development;
  • the primary custodian is seeking the modification and the modification is in the best interest of the child; or
  • the primary custodian has voluntarily relinquished possession of the child to another person for six months.

Conviction of a conservator for child abuse or family violence or the military deployment of a conservator constitute a material and significant change in circumstances justifying the modification of a child custody order.

Modification of Child Support Orders

You can seek a modification of a child support order if:

  • the circumstances of the child or person affected by the order have materially and substantially changed since the rendition of the order, or
  • three years have passed since the rendition of the order and the child support under the order differs by either 20% or $100 from what would currently be ordered under the child support guidelines.

If the parties agreed to the amount of child support in the child support order, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order.

A child support order can also be changed in certain circumstances if there has been a change in the physical possession of the child.

Terry Hart, a divorce and child custody lawyer in the Galleria area of Houston brings a practical and affordable approach to the modification of a family law order. Many modifications can be done by agreement between the two parties. If the two parties do not agree, the issue will be decided through a contested trial.

For a free consultation with a Houston Spanish-speaking child custody and support modifications attorney: Contact Terry Hart. Se habla español.