Court Order Modification Lawyers
in Hays County & Austin

Circumstances can change between the time an order is originally entered and the youngest child turns 18. Changes that frequently affect families include relocation, different financial needs, increased or decreased earnings, changing needs and interests of the children, and other personal issues. A modification may be necessary if your family’s needs and circumstances have changed over time. A lawsuit to change conservatorship (the designation of rights each parent has, such as who has the right to determine the primary residence of the children), to change visitation (the time each parent has to access the children), or to change child support are the three most common modifications that our firm handles. It may be time to consult an experienced attorney at Key Law Office, PC.

In Texas, the term “conservatorship” is used to describe child custody. In most cases, parents are appointed as joint managing conservators, which means that they share the rights and duties regarding the child, even if the exclusive right to make certain decisions is given to one of the parents, and even if they don’t have equal amounts of time with the child. Other cases involve one parent being named a sole managing conservator and another the possessory conservator. Conservatorship is important because it will dictate which parent (or both) will decide where the child goes to school, what religion the child practices, what doctors the child sees and what school and non-school activities the child participates in.

As children age, many parents and children “outgrow” their prior custody orders and one or both parents may seek to modify the prior order. Texas state law only allows for modifications of custody orders to occur under specific instances. If a parent doesn’t fulfill the grounds for modification, they may not be allowed to bring a claim to the court. The following grounds are considered legitimate reasons to make modifications of custody:

• The circumstances of the child or one of the conservators or another party must have materially and substantially changed;
• A child over the age of 12 has told the judge in chambers that the child desires a change to the parent with the exclusive right to designate the primary residence; or
• The primary conservator has relinquished the care and possession of the child to another person for at least six months.

Child Support Modifications

Child support modifications are permissible when a parent’s income changes significantly, the child’s needs evolve, or new children are added to the family. Texas law requires demonstrating a material change in circumstances, such as:

• Changes in income or employment status.
• Adjustments to insurance coverage or medical needs.

Contact Us for Legal Support

The process of modifying custody or support orders can be complex. Our experienced attorneys are well-versed in Texas family law and can guide you through the necessary steps. Call the Key Law Office at 512-400-2350 today for a consultation. Let us help protect your family’s best interests.

Your visitation agreement establishes the days of the week or times of the year that you or the other parent or conservator can see your children. However, as circumstances change, these agreements may need to be modified. Some common reasons people seek modifications of visitation include:

• Abusive actions from one or both parents
• Relocation of one or both parents
• Modifications to divorce settlement
• Abuse of stipulated visitation hours

Each of these circumstances might necessitate a change in the visitation hours of your prior order.

Expertise in Modifying Child Custody and Support Orders in Texas

Navigating changes to child custody and support orders can be challenging, but they are sometimes necessary as families evolve. At Key Law Office, we understand the intricacies of these modifications and are here to provide expert legal guidance.

Child Custody Modifications

Child custody modifications can be initiated when significant life changes occur, such as a parent’s relocation, job change, or a child reaching an age where their preference may be considered. In Texas, custody arrangements—referred to as conservatorships—can include:

• Sole Custody: One parent makes all major decisions and the child primarily resides with them.
• Joint Custody: Parents share decision-making responsibilities, though the child may live mainly with one parent.
• Shared Custody: The child spends at least 35% of their time with each parent.

A modification must serve the child’s best interests, and courts require evidence of substantial changes in circumstances, such as relocation or a parent’s inability to care for the child effectively.

A parent wanting a modification of his or her existing child support order needs to establish that he or she has the grounds to do so. Grounds are established by showing the court that you have a case that requires an additional look based on what is best for the child or children in question. You will need to provide documentation and information that establishes your need for the change. With some exceptions, these modification cases may only be filed in the following situations:

• The modification is being made due to substantial changes in financial capacities or needs
• The change in need is greater than a certain amount per month or percentage of the existing payment amount
• The existing arrangement was not created or modified in the last three years

The documentation required to modify an existing child support agreement can be vague, so it is best to consult with an experienced family law attorney. At Key Law Office, we will thoroughly review your case and discuss what kind of documentation we will need in order to satisfy the requirements of the court. We will then help you compile the information you have readily available, and we can request additional information from your co-parent. In instances where the other parent does not immediately turn over the requested information, we can obtain a court order.

We can help you determine whether you can and should file for a modification of a child support order. Additionally, we can help you defend yourself from a request that the child support order under which you are living should be modified.