When a parent would like to change a child support or custody order that resulted from a Suit Affecting Parent-Child Relationship (SAPCR) or change child support or custody that resulted from a Final Decree of Divorce, a modification is filed.
A court with continuing, exclusive jurisdiction may modify an order that provides for the conservatorship, support or possession of and access to a child. The Texas Family Code, Chapter 156 is the chapter that established the process and grounds for modifying an order regarding child possession, access, or support.
If a parent is requesting a change to the custody or support order, they will need to file a petition for modification, serve the opposing parent and proceed through the Court to determine if the changes petitioned for will occur.
There are several reasons a parent may choose to modify the possession order.
you or the other parent may have moved
child support may need to be decreased/increased
the child needs have changed
one parent refuses to follow the current possession order
In most cases, you must wait a year before requesting the court to change your current order. The main reason to wait one year is for the stability of the child.
The initial court papers may include a citation (a form issued by the court to officially notify the respondent they have been sued), a copy of the petition to modify the parent-child relationship, a notice of hearing for temporary orders, or any other orders signed by the judge at the beginning of a case.
Once the opposing parent has been served, they will have 20 days (including weekends and holidays) Monday next in which to file an answer. What does that mean? Go to the date the opposing parent was served, count out 20 more days (including weekends and holidays), then go to the following Monday, that is when the answer must be filed with the court by 10:00 a.m.
A modification case has no set time limits from start to finish. If both parties agree to the changes requested in the modification it can take a rather short period of time. If on party disagrees with the requested changes in the modification, it can take a long time.
Our team has extensive experience handling complex and simple modification. Our team handles these situtations with compassion and dedication to your individual needs and wants, contact us today to see how we can help you.