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Custody Modifications

Custody Modifications in Texas

Bexar County Divorce Lawyer

Custody Modifications in Texas

Divorce – Custody Cases – Custody Modifications – Child Support Modifications – Adoption – Adult Adoption – Name Changes – Agreed Divorces

210-677-5586

Do you have an order that you need changed? This can seem overwhelming. This is why you need to get an experienced Bexar County Attorney.

How can I modify an existing custody order?

You can ask a judge to change a custody, visitation, child support or medical support order by filing a modification case.

Who can file a modification case?

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

  • You are listed as a party in the current order. or
  • You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent. or
  • You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died. or
  • You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and: 
    • Both parents are dead. or
    • Both parents, the surviving parent or managing conservator agree. – or –   
    • The child’s present circumstances will significantly harm the child’s physical health or emotional development.

Qualifications

Courts can order spousal support if the petitioning spouse lacks enough in property or assets to provide for basic needs along with one of the following circumstances:

  • A spouse is convicted of committing an act of family violence against the other spouse or other spouse’s child during marriage if (a) the incident(s) occurred during divorce proceedings or (b) or within two years of filing for divorce
  • The petitioning spouse has a physical or mental disability that prevents them from earning enough income to provide for basic needs
  • The petitioning spouse is unable to earn enough income to provide for basic needs and the spouses were married for 10 years or longer
  • The petitioning spouse has custody of a child from the marriage and the child requires special care for a mental or physical disability and thus cannot earn enough income to provide for basic needs

Factors for Consideration

Unless there’s a conviction for family violence, the court will begin with the assumption that spousal support is unnecessary. That’s why it is important that you have an experienced attorney such as Rashelle Fetty advocating for you as her law office will show the court the appropriate evidence to give you the best chance for an effective result.

If the court determines that an order for support (spousal maintenance) is appropriate, the court will then determine how much to award and for how long based on a set of factors. Some of these factors include:

  • Available financial resources at the time of divorce
  • Educational and employment skills of each spouse
  • Marriage length
  • The petitioner’s age, employment history, ability to earn, physical health, and emotional health
  • Child support
  • Excessive spending of community property funds
  • Destruction, concealment, or fraudulent disposal of joint property
  • The petitioner’s contribution of the education, training, or earning ability of the other spouse
  • Marital improprieties such as adultery or abuse
  • Family violence history
  • Property that each spouse brought into the marriage

Contact us today for a consultation!