Child Custody Modification
Under Texas family law, changes to the custody agreement can be made only under certain circumstances and with specific requirements. Generally, a person must wait a year before seeking to change the primary custody order. However, there are exceptions to this rule if:
- The person with primary custody agrees to the change or is requesting it.
- The child’s current environment endangers their physical health or harms their emotional development.
- The person with primary custody has allowed someone else to have primary care and possession of the child for at least 6 months (exception if on active military deployment).
To modify the custody agreement, the request must be supported by specific facts, written in an affidavit and attached to the petition to modify the parent-child relationship.
Child Support Modification
A child support order can only be modified if:
- It was established or last modified over three years ago and the monthly amount of support differs by 20% or $100 from the amount calculated by child support guidelines.
- There has been a material and substantial change in circumstances since the support order was last set, such as changes in the parents’ income, the child’s living situation, or the child’s needs.
Visitation agreements can be changed if there has been a material and substantial change in circumstances since the original agreement was reached, such as changes in the child’s living situation, the parents’ employment, or the child’s needs.
Modifying custody, child support, and visitation agreements can be complex in Texas family court, and it is recommended to seek the guidance of a family law attorney to protect your rights and the best interests of your child.