An order that once worked may no longer fit the child’s circumstances. A parent may also need to defend against a requested change. We represent parents seeking or opposing modifications of custody and parenting orders, with attention to what the existing order actually requires.
Identify the legal basis for the change
A modification is not simply a second opportunity to argue the original case. Texas Family Code Chapter 156 sets requirements based on the order and relief sought. Best interest and an applicable statutory ground matter; a material and substantial change is one possible ground.
Connect the evidence to the requested order
We compare the earlier circumstances with the current record and prepare evidence about the specific change requested. Certain requests made within a year and requests for temporary changes have additional restrictions. Timing and the existing order need individual review.
Records that may matter
- Signed order to be modified and earlier agreements
- A chronology of changes since the relevant order or agreement
- Records supporting the proposed schedule or requested rights
Questions about your case
Does every change in circumstances justify modification?
No. The facts must support the applicable legal requirements and the requested relief. The attorney reviews what changed and why the proposed order would address it.
Is modification the same as enforcement?
No. Modification seeks different terms. Enforcement seeks compliance with existing obligations. A case may present both issues, but they require separate analysis.
Texas law references
General information. The applicable rules depend on the facts and proceedings.