Average costs associated with hiring a junior attorney with the Law Office of Bryan Fagan for your child custody modification case

In today’s blog post from the Law Office of Bryan Fagan, we’ll delve into modification cases, an important component of family law. We’ll cover the process of filing for a modification, the scope of such cases, and the benefits of having one of our experienced attorneys on your side. Additionally, we’ll address a frequently asked question: what is the average cost of hiring an attorney for a modification case? Gaining a clear understanding of this cost will help you prepare thoroughly for the legal process ahead.

If you are going through a modification case, you must have already filed a prior family law case. This means your family has already dealt with the challenges and frustrations of navigating the family law court system. Nobody wants to go through a child custody case more than one time, however, the circumstances of your family may demand that you all do so. If this is the reality for your family, then you will surely want to prepare as diligently as possible so that your first modification case is your last one.

Modification cases can often be some of the most complex in all of family law. Not only are you having to contend with brand new circumstances that have arisen for your family, but you also need to consider what year prior court orders have to say as well as the negotiation process with your Co-parent. You may find yourself in a situation where both you and your co-parent agree that changes to your orders are necessary. However, you may also be in a position where you are asking for a modification that you’re co-parent does not want. In that case, you must be prepared to advocate for the modification you believe serves your child’s best interest.

Choosing your child custody allies

In my opinion, the best way to fight for the best interests of your children is to hire an attorney with the Law Office of Bryan Fagan. Our junior associate attorneys are diligent, prepared, and conscientious advocates for you and your family both inside and outside of the courtroom. While you may be unsure about a lot of things about your child custody case, your attorney should not be one of them. By hiring one of our junior associates to represent you in a modification case, you can be sure that your matter is handled with the utmost amount of professional care. That way, you can work on goal setting, intentionality and generally putting your best foot forward when it comes to your case.

If after reading today’s blog post you have any questions about the material contained in the blog, please do not hesitate to contact the Law Office of Bryan Fagan. We offer free of charge consultations in multiple venues. First, we have two Houston area locations where we offer in-person consultation six days a week. This is a unique opportunity for you to speak with one of our attorneys at no cost to you and to learn information about the modification process in Texas. When you meet with one of our attorneys in person, you will have the attorney’s undivided attention and be able to learn a lot about that attorney and our law practice. From there, you could decide whether or not you would like to hire our office to represent you in your case.

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Virtual consultations

Next, we offer consultations both over the phone and via video. If meeting with one of our attorneys isn’t something that you can do in person, we offer virtual meeting opportunities over the computer and on the phone. These virtual meetings will allow you to ask questions and receive feedback from one of our attorneys regarding you are circumstances. No two families are exactly alike. Therefore, our attorneys will work to provide information during these consultations that is customized to meet the needs of you and your family.

While nobody wants to have to go through a modification case, you and your family have an opportunity to achieve favorable results for yourself and your children by doing so. Sometimes we don’t ask for certain situations to occur, but when you act diligently and prepare thoroughly in your case, you can achieve great results for your child. Being able to work with an experienced junior associate attorney with the Law Office of Bryan Fagan provides you with a great deal of hope and promise to look for a good outcome that will satisfy the needs of your family. With that in mind, let’s discuss what it means to be involved in a modification case and how you and your family can best prepare for this type of family matter.

What is a modification case in Texas family law?

Probably the most relevant question that you can ask yourself at this stage of the case is what a modification case is. When a modification case is filed, that means a prior child custody case must have been heard before a family court. That child custody case may have been standalone or may have been part of a divorce that you and your spouse went through. Either way, the basis of the modification case will be those prior child custody orders. What a modification case amounts to is the desire on the part of you or your Co-parent to change some aspect of the court order. As we mentioned at the beginning of today’s blog post, there could be any number of areas of the child custody orders that you all would like changed.

For instance, you may be in a position where your visitation and possession orders no longer fit well for your child. For instance, the visitation schedule created some years ago may no longer work for your child because he or she has simply outgrown them in terms of their age and activities. Shuttling your child back and forth between parents’ homes for extracurricular activities is not always easy.

Modifying child visitation and conservatorship

As a result, a change in the visitation schedule for your child may be in his or her best interest. You and your Co-parent can discuss this change ahead of time it may even be able to come to some sort of agreement informally on a proposed change period, in that case, all you would need to do is formally file the modification case to have the judge consider in approved the change that the two of you already have done informally. This is a best-case scenario and one that would minimize the amount of time and money spent on this type of case.

Next, you may find yourself in a situation where a modification or change in the conservatorship arrangement for your child is necessary. You would see this in a situation where you or your Co-parent would like to change the primary conservator of your children. For instance, if your co-parent is the primary conservator of your children from your divorce, but your teenage child has expressed a desire for you to become the primary conservator, you may want to file a modification case to present those arguments to the court.

Typically, this is a situation where you likely would have to proceed with the modification case given that your Co-parent is unlikely to want to relinquish their title as primary conservator. Not only does that mean losing time with your child but it also means losing the ability to receive child support payments as well as the ability to make certain decisions on behalf of your child.

Child support modifications: Legal insight and guidance

Next, there may be a change that is necessary regarding child support. In many cases, child support is a subject that can be rather straightforward. For many families, child support is determined by the guideline support levels specified in the Texas Family Code. As such, child support is based on math rather than emotion. Sometimes, parents request a modification of child support due to an increase or decrease in the amount of money earned by the paying parent.

If you switch jobs and have a new income level, your co-parent may want to increase the amount of child support you pay her. By the same token, if you saw a substantial decrease in the amount of income that you earn, you may want to petition the court to have your child support obligation decreased. In either case, the court will prioritize the best interest of your child. Even though your income level may have changed, the judge will determine what is in the best interest of your child, and it may not necessarily be in what is in your best interests.

Various factors and circumstances specific to your family may be relevant in a modification case, such as removing a right of first refusal designation or adjusting custody due to issues related to family violence. These unique circumstances necessitate tailored guidance and advice. Consulting with experienced family law attorneys at the Law Office of Bryan Fagan is the most beneficial approach. During a consultation, you can gain insights into the law’s implications for your case and assess your position for modifying the court order. Reach out to our office via phone or email to schedule a consultation today.

What are material and substantial changes when it comes to a family court order?

Before a family court judge can consider any of the requested changes that you or your Co-parent are proposing to a court order regarding child custody, the judge must first consider whether the requested modification is based on a material and substantial change in circumstance on the part of you, your Co-parent, or your child. What this amounts to is that the court does not want to go around modifying court orders unless there is a very good reason for them to do so. Therefore, you must be prepared to demonstrate that a significant change has occurred in your family’s life and that a modification is necessary to serve your child’s best interests.

A family court judge has significant latitude when considering modifications. This consideration is highly fact-specific, and the judge will evaluate the unique circumstances of your family in relation to the requested modification. For that reason, I strongly recommend that you reach out to one of our experienced family law attorneys to discuss your family’s circumstances and the modification you seek.

We can provide you with a certain degree of experience when it comes to answering this question for you in advance of filing a lawsuit. You can potentially save a lot of time and money by speaking with our attorneys to determine whether you even have a case, to begin with. The perspective you gain from speaking with one of our lawyers can help you weigh the advice you receive from others, along with your intuition and feelings about the need to file and proceed with a modification case.

Final thoughts on Texas modification cases

Above all else, modification cases involve looking out for the changing needs of your family as well as the best interest of your children. When it comes to the best interests of your family, a judge would consider their emotional and physical well-being now as well as their future needs. This is a complicated assessment for a judge to make, especially considering that the judge will never get to know your child all that well. Judges can appoint attorneys ad litem and commission social studies, bringing in outside professionals to evaluate the circumstances and make recommendations to the court about the requested modification. However, at no point in the process will anyone be able to learn as much about your family as you and your Co-parent know.

Teamwork in co-parenting: exploring informal modifications

For this reason, you and your co-parent should do everything possible to address the issues in your family’s life together as a team. This can begin with an attempt to informally modify your court orders such that you will not have to attend a court hearing or even file a modification case. If you believe that your Co-parent is trustworthy, you may be able to informally modify your court orders without ever actually changing the initial order.

You all would trust that the other person and their word are good enough to make certain changes. You can achieve this for relatively small changes to a visitation schedule or conservatorship rights and duties. However, it is not necessarily something that I would strongly consider for big life changes such as moves or child support issues. For those types of cases, it can be good to work with your Co-parent as much as possible, but it is not recommended for you to try and modify those types of orders informally.

Understanding modification cases: family perspectives and legal guidance

Otherwise, it is important to consider the many different aspects of your family’s life when becoming involved in a potential modification case. One of the toughest parts of a case like this is to be able to consider what is in the best interest of your child rather than what you may necessarily want for yourself. Sometimes those two things coalesce perfectly. Meaning that what is in your child’s best interest is also what is in your best interest. However, it may also be the case that what your child needs at this time could be opposed to what you want to see happen regarding your child custody orders. With so many moving pieces involved in your case, it is wise to consider the viewpoints of your family as well as the perspective of an experienced family law attorney with the Law Office of Bryan Fagan.

In conclusion, modification cases are crucial milestones in family law, affecting both parents and children. Today, we’ve explored the complexities involved, from the process of filing for a modification to the scope of these cases and the invaluable support our team of attorneys provides. By addressing the common concern about the average cost of hiring an attorney for a modification case, we aim to equip individuals with the knowledge and preparation they need as they navigate these legal proceedings. With our expert guidance, clients can approach modification cases with confidence, ensuring their rights and interests are protected every step of the way.

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