If your living arrangements have changed or you recently lost your job, you may understandably want to modify an existing custody or support order. To do so, Texas courts require that a party file a modification suit. A modification suit may be uncontested or contested, with an uncontested suit often resolving more quickly.
Trying to understand the laws governing modifications to custody or child support can give you a headache. Although you may assume that your parental rights allow you to bypass the court system, this is not the case. If your circumstances have shifted and you are looking to have the terms of your custody or support order modified, the San Antonio child custody and support modification lawyer at Cook Law is available to provide you with sound legal advice.
Modification When Both Parents Agree
If either parent seeks a modification of an existing custody or support order, they must file a petition with the court. An uncontested modification will take place if both parties agree to the modification or if the other parent does not respond. In Texas, a party has 20 days to respond to a complaint. A party that fails to respond to a complaint will forfeit its rights, and the court will enter a default judgment in favor of the party requesting the modification.
Modification When Both Parents Do Not Agree
If the other parent files an answer or a waiver of service and does not agree to file a petition to modify the existing order, your modification lawsuit is contested. A contested modification suit requires that you give the other party 45 days’ notice before the final hearing. If you are dealing with a contested modification suit, an experienced attorney should represent your interests.
When Can a Custody Order Be Changed?
Texas courts allow a custody or visitation order to be modified under the following circumstances:
Material and substantial change in circumstances: It is up to the court’s discretion to determine if circumstances have changed that warrant a change to the custody order. Generally, the larger the requested change, the more evidence the parent will be required to present to establish that the modification is needed.
The child’s wishes (if the child is at least 12 years of age): A child who is 12 years of age or older may state their preference regarding which parent they would like to live with. The judge will interview the child privately in chambers. As always, it is up to the court to decide how much consideration is given to the child’s preference.
Relinquishment of custody: If the primary custodian has voluntarily relinquished custody for at least 6 months, the court may modify custody.
When Can a Support Order Be Changed?
A child support order can be changed if there is a material and substantial change in circumstances, or if the order is at least 3 years old. Known as a three-year review, the court can modify the existing order if the amount that the obligor (paying parent) would have to pay under the new order differs by at least 20 percent, or $100, from the existing order. So, if you lost your job or have experienced a significant reduction in pay, you can request that the court conduct a three-year review.
Although your paternal instincts may tell you that you should adhere to the support order no matter what occurs in your financial situation, this should never be the case. No support order should place you in financial straits. If you are struggling to keep your current order afloat, you need a legal advocate by your side.
Contact Our San Antonio Child Custody and Support Modification Attorney
If you are in the midst of seeking a custody or support modification, you need to retain counsel. Knowing what evidence to gather to establish that a change in circumstances has occurred or to make your child’s wishes clear is never a simple task. At Cook Law, our San Antonio child custody and support modification lawyer is committed to helping you find reliable legal solutions. To schedule a meeting with our attorney, our office can be reached online or by calling (210) 740-0281 today.