Aggressive and Compassionate Representation for Child Custody and Support Modifications in The Woodlands Area and the Surrounding Counties
Skilled attorney helps you adapt to changed circumstances
Child custody and child support orders are rarely final when it comes to growing children. As they age, their needs change. Your life also changes with things such as a new career or relationship opportunities which inevitably alter your life's circumstances. When either ex-spouse makes ad hoc changes to the parenting schedule or support payments, the other has grounds to object and can ask the court to enforce the existing order. To settle disputes, often before they arise, Whisenant & Associates negotiates and mediates modifications to existing orders. When parents cannot come to an agreement, we represent our clients in court to advocate for or against proposed modifications. With Whisenant & Associates, you receive guidance, emotional support and firm advocacy that uphold your rights and advances the best interests of your children.
When can a prior custody order be modified?
Chapter 153 of the Texas Family Code sets out very specific elements that must be shown in different child custody modification situations, but in general, a parent needs to show one or more of the following:
- The child is in danger physically, emotionally or psychologically.
- The other parent has consistently refused to obey court orders.
- Circumstances have changed so much that the prior order is unworkable.
- The parents have agreed to the modification.
- The conservator (custodial parent) has voluntarily relinquished custody for at least six months.
- The change would be a positive improvement for the child, or at least be in the best interests of the child.
When can a support order be modified?
Chapter 154 of the Texas Family Code sets out the method for calculating net income and the percentage of income that must be paid for child support. A judge has some discretion to deviate from the guidelines. When obligor parents suffer economic reversals that decrease their net income, it is grounds for a modification. However, some obligors deliberately reduce their income or earn cash "under the table" that they do not report. These would be grounds for the recipient to oppose a downward modification of support.
Contact a skilled family law litigation attorney for modifications in The Woodlands area and surrounding counties
Modifications of custody and support require skilled representation, as well as finance and litigation experience. Contact Whisenant & Associates at 281.681.8889 or online to schedule a consultation. Se habla español.