You can’t always modify an order simply because you want to. Your request generally needs to meet certain criteria to be considered by the court. As a result, it is a good idea to connect with a family lawyer Round Rock, TX residents trust when you have questions about modification. If you attempt to request a modification on your own before you speak with the team at the Law Office of Jason Wright, PLLC, you may compromise your ability to receive a favorable judgment.
Child Custody Orders Can Be Reviewed or Altered
Children grow and change significantly over the years. That’s one reason why custody (conservatorship) orders can and should be revisited as circumstances warrant. As kids grow up, their needs and preferences change, and the original custody/conservatorship orders may no longer be in their best interests.
Custody orders can be changed by agreement among the parents (and formalized in court documents). But if parents do not agree on the need for a change, one parent can work with a Round Rock, TX family lawyer to petition the court, citing a change in circumstances that may not be in the child’s best interests. Just a few of the many examples include:
- One parent’s decision to relocate: Co-parents often live in the same area post-divorce to maintain regular contact with their kids. If one parent (especially the custodial parent) decides to move a considerable distance away and to take the child or children, this could definitely be a reason to petition for a change in custody.
- Domestic violence: If one parent has shown signs of being violent with the children or in the presence of the children, this would warrant a petition to change the custody order.
- Drug and/or alcohol abuse: One parent’s decision to abuse drugs/alcohol or inability to treat substance addiction could endanger the children, warranting a petition to change the custody order.
Modifying Child Support Orders
Stability of career and income is no more guaranteed than stability of marriage. Either parent may experience a significant and material change in financial circumstances that may warrant a petition to change the child support order. These circumstance changes could include:
- Job loss or reduction in hours
- Securement of a higher-paying job
- Job loss or major change due to disability
- One spouse’s remarriage
Property Division Is Much More Difficult to Change
After your divorce has been finalized and signed by a judge, you have a very narrow window in which to seek changes or amendments. The order essentially becomes set in stone after 30 days. So if you discover a mistake or omission, it is critical to discuss your options with your Round Rock, TX family lawyer right away.
After 30 days, the only way to petition to reopen the property settlement case is to cite “exceptional circumstances.” This would need to be something major that had a significant impact on the settlement, such as the discovery of fraud.
Contact a Modifications Attorney Today
Seeking a modification to a court order should be done with the help of a Round Rock, TX family lawyer, because it is a complex and sensitive process. To learn more about how our firm can help you with modifications, call our office to schedule an initial consultation. We look forward to learning about how we can help you and your family at this time.