Child Custody Modifications Lawyer in Houston

Helping Clients Adjust to New Situations and Modify Child Support Orders

After a divorce, the court-ordered child custody arrangement is critical to both parents. However, circumstances change; the noncustodial parent may have more interest in the child, the child’s relationship with either parent may be different over time, and what used to work may simply not be functional anymore. When this occurs, petitioning the court for a child custody modification is the right decision instead of working it out with your co-parent “under the table.” The State will permit a modification with a child custody order if it’s “in the best interest of the child,” according to the Texas Family Code Section 153.002.

With a court-ordered modification, you can rest assured the court will enforce the modification if the other party resists it. Plus, if you were previously denied custody, at a court-ordered modification hearing, you can present evidence as to why having conservatorship over the child is within their best interests. To learn more about child custody modifications in the State of Texas, we urge you to speak to Matthew Horak of Horak Law.

Contact Horak Law if you’re preparing to file or contest a child custody modification. Matthew Horak and his legal team have spent years representing their clients in all types of proceedings, including child custody modification hearings. With Horak Law on your side, you can rest assured we will stop at nothing to obtain a favorable resolution for your case.

Call (713) 225-8000 to schedule your first consultation about your child custody modification case. Horak Law has offices in The Woodlands and Houston, but we accept clients throughout the State, including Fort Bend County, Brazoria County, Galveston County, Harris County, Waller County, Montgomery County, and Liberty County.

What Are Grounds for Child Custody Modification in Texas?

Under the Texas Family Code Section 152.102(12), modification in context to child custody orders means a determination was made that changes, replaces, supersedes, or is otherwise made with a previous determination concerning the same child. It does not have to be made in the same court that determined the previous modification.

Either parent can seek modification based on the assertion there’s been a substantial or material change in circumstances that rendered the prior court order unfair or impracticable. Below are some examples of life events that could constitute a modification in a child custody court order:

• Noncustodial parent makes substantially more income
• The child is 12 years old and wishes to file an affidavit stating their preference for where they’d like to live
• Noncustodial parent has a medical crisis, loss of employment, or any other reason that could have a significant change in employment or financial status
• Custodial parent moves out of Texas without giving notice
• Visitation has become difficult for various reasons
• Child has sudden medical needs or emergency that places an unfair burden of medical bills/cost/care on the custodial parent

Who Is Permitted to Seek Child Custody Modification?

Only certain people can file for a child custody modification in Texas. These include:

• Current custodian
• Individual with control, care, or possession of the child for at least six months and no more than 90 days from the date of the petition of modification
• Individuals who lived with the child and their parent, guardian, or custodian for at least six months and no more than 90 days from the date of the petition of modification
• In order for the individual to qualify, the custodian/guardian/parent must have died
• A grandparent, aunt, sibling, uncle, niece, or nephew of the child and one of the following statements are true:
• The child’s parents are deceased
• The child’s parents, managing custodian, or surviving parent agreed
• The living conditions of the child could lead to potential harm

Contact our skilled legal team for advice concerning your unique situation. We can help determine what your legal options are and will provide excellent representation if you decide to take legal action regarding the child custody order.

How Do I Modify a Court Order in Texas?

The modification process regarding child custody is very similar to the initial child custody determination during divorce proceedings. Once the modification petition is filed, the custodian will be given 45 days to respond by either agreeing or contesting the modification. If the change goes uncontested, all viable parties involved in the decision will sign a modification request form. If the other parent doesn’t respond to the citation for modification or shows up in court by the 45th day, then the case will be absolved and turned uncontested by default.

In most cases, the custodian parent or other party will formally contest the petition for modification. If this occurs, the court will then schedule a hearing to determine whether a modification is necessary. During this hearing, it’s highly recommended you have a child custody modification Houston lawyer on your side throughout every phase of the process. At the hearing, the court will hear both sides and determine a decision based on the “best interests of the child.”

If you are facing child custody modification proceedings, it is crucial to have representation from an experienced child custody lawyer. Our legal team will defend your parenting or guardianship rights to protect the best interests of your child. Call immediately to speak with our attorneys about how we can help you.

What Is the Texas Definition for Best Interests of the Child?

When it comes to custody, the court makes its decisions based on the best interests of the child, as that is its paramount concern. In most cases, the court will typically default to joint managing conservatorship, as both parents should be included in the child’s upbringing as long as the child is older than three. It’s also common for the court to consider the mother the primary candidate for sole conservatorship if that is on the table.

The court takes into account various factors when determining the best interests of the child. These factors include, but are not limited to:

• Whether the child has a preference for who they live with
• Child’s immediate and future physical/emotional needs
• If any immediate or future physical or emotional danger is present to the child
• Abilities of each parent
• What plans (education, health, living) the parent has for the child
• If the home is stable or not
• Actions or failures that may illustrate the parents don’t have a proper parent-child relationship
• Excuses the parents have for actions and failures to act

Please note that a child’s preference on who they live with is not binding in court. In many instances, a child does not have the final say on which parent they live with or spend time with until they’ve reached the age of 18.

Why Do I Need a Family Law Attorney to Modify My Child Custody Agreement?

Some of the most contested aspects of family law have to do with matters regarding children. After a divorce or death, parents, grandparents, and other guardians may all wish to take custody of a child. Child support payments may also become another point of contention. If you are a parent or loved one who is concerned about a child whose parents are going through a divorce, you are probably worried about what the custody arrangement will look like.

At these critical moments, you need an experienced family law attorney who understands what you’re going through and is willing to fight for the results you need. When modifying child custody, it is critical to have accurate, compassionate legal counsel and representation to match your goals.

Family law attorneys can help by:

• Providing answers when you’re confused about your options
• Offering counsel based on your unique situation
• Representing you aggressively in negotiations and mediation
• Presenting your case effectively and confidently if you go to court
• Giving emotional support at difficult times
• Helping construct a visitation schedule and other custody modifications to meet your needs

What Makes Your Law Firm Different?

When you hire Horak Law for your family law needs, you will instantly feel the difference from other law firms. We value the attorney-client relationship, offering counsel anytime you need it. We present your options in terms you can understand so you’ll be able to make the best decision for your family. Our Houston modification attorneys will stand by your side as you fight for fair custody payments that match your financial situation.

What’s more, our custody order lawyers believe everyone deserves help handling family law matters, whether it be child custody orders, child support, spousal support, or other issues. We provide a free consultation so you can get answers without any financial risk.

Please reach out whether you have concerns about existing child support or are still working through a challenging divorce. We will listen compassionately to your questions and give you clear answers that you can understand. Call our law firm immediately to get the help you need with your custody order or other family law matters.

Should You Hire Our Houston Child Custody Modification Lawyer?

If you’ve received a petition for modification or wish to send one, it’s imperative you call Horak Law. It’s essential that you have legal representation ready before the final hearing, and Matthew Horak of Horak Law can serve that role for you. With over ten years of experience, we can utilize all our resources, skills, and best efforts to ensure you receive a favorable result for your child custody modification case.

Your relationship with your children is of utmost importance. You also deserve the financial support you need for a bright future after your divorce.

With our free, confidential case reviews, you have nothing to lose by contacting us. Call Horak Law today at (713) 225-8000 to set up your free initial consultation in The Woodlands or Houston, TX.