Can I modify child support or custody orders after the divorce in Texas?
Key Takeaways
- Texas allows changes to child custody and support arrangements after a divorce is finalized, but there are conditions.
- You need to show a significant change in your circumstances (or your child's) since the original order.
- The court always decides based on what's in the child's best interest.
Life can change a lot after a divorce, especially if you have children. Texas understands this and allows you to request changes to child custody or support arrangements set in the original divorce decree. However, there are some things to keep in mind:
- Not automatic: Just because you want to change things doesn't mean you can automatically. You need to convince the court that a significant change has happened since the original order.
- Material and substantial change: This means a big change in your life or your child's life that affects their well-being. For example, a parent moving far away, a change in a child's health needs, or a significant increase or decrease in income could all be considered material changes.
- Focus on the child: The most important thing for the court is always the child's best interest. They will consider all the evidence and decide what kind of custody or support arrangement would be best for your child's current situation.
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Here are some examples of situations where a modification might be considered:
- A parent relocates for a job, making the existing visitation schedule difficult.
- A child's needs change due to a new medical diagnosis or developmental milestone.
- One parent experiences a significant income increase or decrease, impacting their ability to pay child support.
Other things to keep in mind:
- The Burden of Proof: It's up to you, the person asking for the change (petitioner), to prove there's been a material and substantial change.
- Legal representation: Divorce and child custody issues can be complex. Consider talking to a lawyer who specializes in family law. They can explain your options, help you gather evidence, and represent you in court if needed.
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