AFTER DIVORCE: MODIFICATIONS AND ENFORCEMENTSBurleston County, Texas Divorce and Child Custody Modifications Lawyer
Life is unpredictable, and situations can evolve in ways we may not anticipate. Whether due to relocations, remarriages, changing health conditions, or other circumstances, court orders and parenting plans may require adjustments to better align with your new reality.
At C.E. Borman, our experienced Texas family law attorneys understand the complexities of life’s changes and their impact on child custody and support agreements or divorce issues. Serving families of Burleson County and throughout Texas, we’re here to guide you through the process of modifying court orders to ensure the continued well-being of your child.
Modifying Child Custody Arrangements
In Burleson County, the law acknowledges that circumstances can change after initial child custody arrangements are established. The well-being of the child remains a central consideration.
Texas courts allow modifications to existing custody orders only in limited circumstances, and any changes must serve the child’s best interests.
To seek a modification, you must demonstrate one of the following grounds:
- Material and Substantial Change: There must be a significant and relevant change in the child or parent’s circumstances that justifies revisiting the custody order.
- Child’s Preference: If a child aged 12 or older expresses a preference for their primary residence, the court may consider their opinion.
- Voluntary Relinquishment: If the custodial parent willingly gives up custody, it could warrant a modification.
Grounds for Child Custody Modifications
Leveraging our extensive experience in child custody and divorce cases, C.E. Borman has identified common circumstances that can lead to a successful modification request:
- A parent’s long-distance move, especially if it involves crossing state lines
- Changes in parental marital status due to remarriage
- Severe health issues affecting the child
- A parent’s failure to provide proper care or supervision
- Alienation of the child from the other parent
- Moral misconduct rendering a parent unfit
- Parental criminal conviction
- Child abuse or neglect
- Involvement in substance abuse or alcoholism
- Domestic violence incidents
While these situations often qualify as “material and substantial changes,” the court’s decision hinges on proving that such changes negatively impact the child’s well-being.
Child Support Modifications
Life changes can also affect child support obligations.
Job loss, for instance, can lead to a substantial decrease in income, warranting a modification.
A change in primary custody can also alter child support responsibilities.
Child support modifications share similar grounds with custody modifications. If the proposed change in income or circumstances significantly impacts the child’s best interests, the court is likely to grant the modification.