There are many reasons why a parent may want to change their custody or child support orders in the state of Texas. Whether it is the circumstances regarding one parent’s finances, living arrangements that make it more difficult for one parent to visit their children or even child abuse, petitions can be filed in court to modify these orders.
If an order is contested, one parent needs to file a Petition to Modify the Parent-Child Relationship in the clerk’s office in the county where the original child support or custody orders were filed. Once this petition is filed, the other party will be asked to either file a response to the court, sign a waiver in front of a notary or receive official court documents from a process server.
If all parties agree to the petitioner’s changes, an Order in Suit to Modify the Parent-Child Relationship will be created for a judge, who will then sign it. To modify custody orders in a contested case, either the custodial parent needs to convince a court that their home environment is best for the child, or the child has told a judge in which home they want to reside, provided they are 12 years of age or older. Other circumstances such as child abuse or domestic abuse may also play a factor. Child support orders can be modified if the original circumstances have changed or one parent’s financial resources have changed significantly.
Contested child support or custody orders can be very complicated, so enlisting legal assistance may be a way to help a parent deal with the legal system. Legal representation may help a client put their case together by assisting in gathering evidence, preparing legal forms and presenting their client with all legal options available to them.
Source: TexasLawHelp.org, “How do I change custody and child support orders?“, December 09, 2014