Fort Worth Child Custody Modifications
Youngblood Law, PLLC helps parents create custody agreements that are in the child’s best interests.
As a law firm that specializes in family law, we know that there is no issue that can lead to as much conflict, boiling tempers and emotional stress as establishing child custody in a divorce. At the time of the divorce, many spouses were in a state of conflict and this may have led to hasty decisions, made from a place of anger or spite.
The decisions made in a divorce, once finalized, become legally binding and sometimes, when circumstances change in the future, the decisions no longer make sense or are viable to you and your ex-spouse. You may both agree that the old custody order is no longer in the children’s best interests.
Thankfully, court orders can be modified, even if it can be difficult to do so. It doesn’t matter whether you have sole custody or joint custody, you are entitled to appeal to the courts to have your order changed.
In all circumstances, you should seek legal representation from a skilled divorce and family law attorney, as they will have experience in building cases and appealing for modifications of court orders.
Contact Youngblood Law, PLLC
Whether you want to change your custody visitation schedule or you are seeking spousal support modifications, our team can help. We will work hard to ensure that your best interests are represented and if your modifications are no longer viable to you, or you are pursuing a change in custody because you are worried about your children’s safety, we will help you evidence it to the court.
Under Texas law, if you suspect child abuse, or violence against your child, or that your ex-spouse is addicted to drugs or alcohol, they will change an order if you can provide compelling evidence.
We take the time to build a close-knit attorney client relationship with every client, ensuring we listen to your story and your case. We keep you informed and educated, allowing you to rest a little easier knowing your case has been taken by a team of attorneys equally skilled in negotiation, mediation and litigation.
If you want to discuss your Fort Worth child custody modifications case with one of our skilled attorneys, then call our law firm today at 817-369-3970.
What Can Be Changed After a Divorce Decree Is Finalized?
The most common appeals are for a child custody modification, spousal support modification, visitation schedule modification and a modification by someone paying child support after remarrying.
What Qualifies as Material and Substantial Change?
Under the Texas Family Code a material or substantial change could be:
- One parent gets remarried.
- One parent interferes with visitation.
- Parental conflict.
- The child’s needs change.
- Relocation of a parent.
Do Both Parents Need to Agree to The Modification in Fort Worth, Texas?
If all of the parties that are involved in the agreement agree that there should be a modification then they can submit a document to the court that is signed by both parties and this makes it likely the court will make the change.
It is important that you file any documentation for changes correctly and in the right manner, which is why we suggest creating your new agreement with the help of your legal representation. They can help you negotiate new terms and ensure the paperwork is correct, making it more likely the court will accept.
You will then be sent a summons for a hearing and in this hearing the Judge will look over your proposal and if they are happy with it then they will sign and finalize it.
If only one party wants the modification, and the other party disagrees, you will need to speak to your attorney. They will need to arrange a mediation with your spouse as the court will expect you to be able to show that you have attempted to come to an agreement amicably.
If you still cannot come to an agreement through mediation, or your spouse does not turn up, your attorney will then be able to file for a modification by yourself. They will be able to evidence that your spouse was not willing to co-operate or show up
If you filed for a modification, and the other party decided not to respond, you may be able to apply for a default modification.
This happens when there is no response, and once they have been served the modification papers, if they have not responded within the set 20 day time-frame, the courts may look to automatically approve your case by default.
Unfortunately, even if they only have 20 days to respond, if they still respond before it is finalized, your case will still need to proceed in the normal contested or agreed manner.
Different Types of Child Custody Arrangements in Texas
Understanding the different types of child custody arrangements may prove helpful. When you divorced, you may have gone with the standard joint custody arrangement and visitation schedule as it was the best route at the time.
In Fort Worth, Texas, there are two primary forms of custody and visitation; joint custody and sole custody.
If you are seeking a modification, it probably means you wish to swap from one to another, either because your spouse has become a better parent and you believe they should have joint custody, or because you believe they are a danger to your children and you think you should have sole custody.
Joint custody or joint managing conservatorships are when both parents have the share of the rights and duties of the child. Both parents have an equal say in the important decisions that may be made in the child’s life.
The parent who has the child the majority of the time is the primary custodian and the other parent has visitation rights to the child.
Sole custody is usually awarded when one parent wants to be made sole managing conservator, giving them the right to make all important decisions regarding the children. In this case the other parent does not have the right to make important decisions.
This will usually be awarded when the courts are concerned about the danger one parent may pose to the children, such as if they are using drugs, have committed crimes or have a history of violence.
It is worth remembering that just because one parent is sole managing conservator does not mean the other parent will not have visitation rights. Sometimes they may still have normal visitations rights, i.e alternating weekends and one night in the week. In other more serious cases, their visitation may need to be supervised. Sole custody should not affect their right to have a good parent child relationship.
Child Custody Modification FAQ
Yes, you can modify a custody agreement in Texas. To do so, the parties involved must either agree to the changes or a court must approve the modifications. If the parties agree to the changes, they may use a form called an Agreed Order to make the modifications legally binding. If the parties do not agree, a motion must be filed with the court to modify the order.
It is difficult to give a definitive answer to this question, as the amount of time it takes to modify child custody in Texas depends on a number of factors, such as the nature of the modification, the agreement of both parties involved, and any relevant court proceedings. Generally speaking, however, the process can take anywhere from several weeks to several months.
In order to win a custody modification case in Texas, you will need to demonstrate that a material and substantial change in circumstance has occurred since the original custody order was issued, and that a modification is in the best interest of the child.
In Texas, you can modify a custody order at any time if there is a material and substantial change in the circumstances of one of the parties or the child. The court will consider the best interests of the child when determining whether to modify the custody order.
Contact Youngblood Law Today, PLLC
Court orders are legally binding documents and thus, hard to modify but it can be done. With a compelling case built with the help of a skilled family law lawyer from Youngblood Law, you will stand a good chance of getting your modification approved.
Call today to discuss your case with one of our talented modification lawyers at 817-369-3970.
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