Katy Modifications Lawyer

A Straightforward Appraisal of Your Situation

There are very specific factors that must be met before the courts will consider changing a previous order they have entered in your case. When you come in to discuss your case, we will review your situation to determine if we feel a modification may be possible. We are not just going to tell you what you want to hear to get you as a client. If we can help you, we will tell you exactly what we can do to help you achieve results.

An Approach Designed to Avoid Conflict

As your case moves forward and you hire our firm, we will attempt to resolve the conflict before it ends up going to trial. However, if the negotiations do not lead to positive results, our Katy modifications attorneys have spent their entire legal careers inside the courtroom. We know what to expect and can explain your side of the story to the courts in a way that makes sense.

Your Hometown Lawyers for Custody & Support Modifications

We have the large-firm experience you want from your Katy modifications attorney, right in your backyard. Our office is conveniently located in Katy, right off Mason Road between Highland Knolls and Cinco Ranch Boulevard.

Legal Requirements for Modifications in Texas

Modifying a divorce decree or custody agreement in Texas is not automatic. The courts require a valid reason before approving any changes. Here’s what you need to know:

• What Factors Courts Consider: Courts will only approve a modification if there has been a substantial change in circumstances. Examples include a significant change in income, relocation, remarriage, or a child's medical needs.
• When You Can Request a Modification: There is no strict waiting period, but generally, courts expect at least one year to have passed since the last order unless there is an urgent reason for a modification.

Evidence Required: To support a request, you may need:

• Financial records (pay stubs, tax returns, proof of job loss)
• Medical documents (if health issues are a factor)
• Witness statements (from teachers, doctors, or caregivers)
• Communication records (emails, texts proving the need for changes)

Emergency Modifications to Custody Orders

Some situations require immediate action to protect a child’s well-being. Emergency custody modifications can be filed if:

• A child is in danger due to abuse, neglect, or exposure to harmful environments.
• A parent has been arrested or is engaging in dangerous behavior (substance abuse, domestic violence, etc.).
• A parent is refusing to follow the current custody order, leading to instability for the child.

How to File for an Emergency Modification: 

• File a petition in the court where the original custody order was issued.
• Provide strong evidence (police reports, medical records, witness statements).
• Courts prioritize these cases and may grant a temporary order while a full hearing is scheduled.

Relocation and Custody Modifications

If a parent wants to move with a child after divorce, they must follow Texas legal guidelines.

• Legal Requirements for Relocation: A parent must notify the court and the other parent before moving. The move should be in the child's best interests.

How Courts Decide: Judges consider:

• The reason for the move (job, family support, education opportunities).
• How the move will impact the child’s relationship with the other parent.
• Whether the non-moving parent can still have regular visitation.

What to Do if Your Co-Parent Objects:

• Attempt mediation to reach an agreement.
• If no resolution is found, file a motion to modify custody in court.

Frequently Asked Questions (FAQ) About Custody & Support Modifications in Texas

Can I modify child support if my ex is not paying?

• Yes, but if your ex is simply not paying the ordered support, a modification may not be necessary. Instead, you may need to enforce the existing order through the court, which could result in wage garnishment or other penalties.

Do both parents have to agree to a custody modification?

• No, but if both parents do agree, the process is much simpler. If one parent objects, the requesting parent must prove to the court that the modification is in the child's best interests.

Can a child decide which parent to live with?

• In Texas, a child 12 years or older can express a preference, but the judge makes the final decision based on what is best for the child. The court considers many factors beyond the child's wishes.

What happens if my ex moves without notifying me?

• If the other parent relocates with your child without court approval, you can request the court to enforce the custody order or even seek a modification to prevent future unauthorized moves.

How long does a custody or support modification take?

• It depends. If both parties agree, modifications can be completed in a few months. If contested, it could take six months or longer, especially if a court hearing is required. Emergency modifications may be handled much faster.

Do I need a lawyer to request a modification?

• It is not legally required, but having a lawyer ensures you present strong evidence and follow the correct legal procedures. This increases your chances of a successful outcome, especially in contested cases.

Facing a major life change? You may be eligible for a custody or support modification. Contact us now at (281) 990-6025 for a consultation.