Imagine yourself in child custody visitation scenario. Three years post-divorce, you realize that the child custody arrangements you once thought best for your child need revisiting. As your child has grown from twelve to fifteen, her life has changed significantly. She’s now a busy teenager, active on her school’s basketball team and increasingly spending weekends away from home.
Your daughter, who is with you nearly as much as she is with her custodial mother, has adapted to her new teenage lifestyle. Despite these changes, your child support payments remain the same. Recognizing the shifts in her needs and schedule, you both agree that it’s time to update your child custody visitation orders.
Can you modify court orders? What does the process entail? Today’s blog post from the Law Office of Bryan Fagan will explore how to request such a modification. We’ll discuss the essential criteria for adjusting your child custody visitation to better suit your evolving family dynamics.
If you have questions after reading this post, don’t hesitate to reach out to the Law Office of Bryan Fagan. Our skilled family law attorneys are available for free consultations six days a week, whether in person, over the phone, or via video. Let our dedicated team help you navigate these changes and achieve your family law goals.
Assess the need for change
Families evolve, and expecting your family dynamics to stay the same from when your child custody orders start until your child turns 18 is unrealistic. Change is inevitable for all family types. However, experiencing changes doesn’t guarantee success when filing for a modification lawsuit.
In Texas, a modification lawsuit requires evaluating your family’s current circumstances to decide if it’s the best or only solution. If you and your co-parent can adapt to changes without court intervention, that might be preferable. Remember, child custody cases are costly, time-consuming, and stressful. If you have a good relationship with your co-parent, you might manage an informal child custody visitation modification.
An informal agreement allows both of you to adjust your custody orders by mutual consent. For instance, you could discuss and resolve your custody issues without court involvement. A simple change might significantly improve your child’s life. Consider these changes and brainstorm solutions with your co-parent.
Successful informal modifications depend on several factors. Firstly, you and your co-parent must maintain a good relationship and communicate effectively. Without open communication, such agreements are unlikely to succeed. Trust is also crucial. Even if you agree on modifications, they aren’t legally binding until a court approves them. You must rely on your co-parent’s word, and either of you can revert to the original court orders at any time.
If you need to alter your child custody visitation orders, it’s not unusual. Many families regularly face similar situations. Evaluate your co-parenting relationship. If you believe you can handle an informal modification, it’s worth trying. However, if your relationship with your co-parent is strained, or if other concerns arise, pursuing a formal child custody modification might be necessary.
Beginning the child custody modification process
If you’re considering a modification to your child custody visitation arrangements, you’re already familiar with family law proceedings. You must file your modification in the same court that handled your original case, whether it was for child custody or divorce. The necessary document for filing is called a Petition to Modify.
In your Petition to Modify, you need to clearly state the type of modification you seek. Additionally, you must submit an affidavit detailing the changed circumstances and the modifications you are requesting. Texas family law requires that these changes be material and substantial in your life, your co-parent’s life, or your child’s life. Without such significant changes, the court will not approve your modification.
The process mirrors your initial divorce or child custody case, where you must provide your co-parent with notice of the new lawsuit. This involves hiring a private process server or law enforcement officer to serve your co-parent in person. Your co-parent then has to file an Answer to the petition, which sets your case in motion.
Both you and your co-parent may request temporary orders and a hearing to present evidence supporting these temporary requests. These orders allow you to test the proposed changes and adjust as necessary before final decisions. Depending on the changes you request, these temporary orders can significantly impact your arrangements and provide a valuable trial period to evaluate the effectiveness of the modifications.
Mediation as a means to arrive at a settlement
Recall your previous child custody or divorce case, where you likely concluded matters in mediation. Most cases find resolution with the help of a third-party family law mediator, who aids you and your co-parent in resolving any lingering disputes. You might have settled some issues before mediation or disagreed on every point.
Courts typically require attending mediation before a temporary order hearing or trial. This process empowers you and your co-parent to decide on child custody visitation matters directly. Avoid leaving these decisions to a judge whenever possible. Instead, actively work together to find solutions.
A mediator can offer various strategies to resolve the issues between you and your co-parent. Mediation in child custody visitation modification cases opens more settlement possibilities compared to divorce proceedings. In divorce, the ultimate goal is ending the marriage, but a child custody modification allows for numerous approaches to resolve disputes.
Approach mediation with an open mind, even if past interactions have been challenging. While past grievances may cause distrust, the reality remains that you both face a modification case with a chance to settle amicably. Seize this opportunity to improve the situation.
If you are considering a modification or are currently involved in one, ensure you have top-notch representation. At the Law Office of Bryan Fagan, our attorneys excel in mediation. We are ready to guide you through preparing for mediation, helping you understand the benefits, and supporting you on the day to ensure effective outcomes.
Modifying child custody and possession orders
In the hypothetical situation that we laid out earlier in this blog post, your daughter wanted to see you more often. As a result, she has spent more time with you at your home as opposed to your co-parents. This gave you the idea that a modification of the custody orders should be considered. For example, you thought that perhaps creating a custody order where your daughter spent one week with you and then one week with your co-parent would work out well.
This way, your daughter would not have to go back and forth between houses every few days. Less travel, less logistics, and more quality time for your daughter would be the result. This sounds like a reasonable goal to have. However, a material and substantial change would need to be found for your requested modification to be approved by a judge. This means that you cannot simply show that it would be nice to have this change go into effect. Rather, you would need to show that the requested modification is necessary based on a major change in your life.
Whether your daughter growing up and wanting to spend more time with you is a material and substantial change in the eyes of your judge is anyone’s guess. Different judges interpret the Texas Family Code, relevant appeals court cases, and their own experiences differently. This means that a modification case becomes an incredibly fact-dependent circumstance. Working with an experienced family law attorney can allow you to assess the strengths and weaknesses of your case.
Modifying child support orders
Next, you may be interested in having your child support adjusted based on the changing dynamics within your family. Child support is straightforward in the sense that the Texas Family Code contains guidelines for support. These guidelines are presumed to be in the best interests of your child. However, due to the changing circumstances of your family that may no longer be true.
If you are taking care of your daughter on a more regular basis then you should consider whether the amount of child support that you are paying is appropriate. Child support is based on the idea that you and your co-parent should be shouldering the financial burdens of parenting on a near-equal basis. Since you see your child less it makes sense that you also pay for fewer things associated with her care.
Child support reflects this reality and helps keep the non-custodial parent involved in the day-to-day care of a child. Seeing your child on a nearly even basis compared to your co-parent means that you may be seeking a reduction in child support. It is up to you and your co-parent how to do this. She may be less excited about receiving less child support than she currently does. However, if a mediator and her attorney can help show her that this is the likely result in a hearing then she may be more agreeable to negotiate the subject with you in mediation.
Final thoughts on modification of custody issues in Texas
In conclusion, modifying your child custody visitation plan is an excellent chance for you and your co-parent to collaborate and enhance your child’s life. Maintaining a child-focused mindset will help you process case information more effectively. Remember, the goal is to cooperate, not compete with your co-parent.
At the Law Office of Bryan Fagan, we assist clients throughout Texas in achieving their objectives in child custody visitation modifications. We prioritize your needs and those of your child. If you seek a prepared, diligent, and professional attorney who places your interests first, please contact us today for a free consultation.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances can change in the event a modification case is filed.
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Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
