Divorce And Family Law Attorney

What’s the possible risk of asking for a custody modification? 

Even after the court finalizes your custody and support orders, you will always have the option of going back for a modification. When family circumstances significantly change, a judge may agree that it is time to update your division of parenting time or financial support obligations to reflect those changes.

However, you generally need documentation validating your claim that the situation has changed enough to warrant a modification hearing. Those who bring frivolous claims could face financial penalties.

What are the modification rules in Texas?

You generally only need proof of a noteworthy change in circumstances and a belief that the suggested adjustment would be in the best interests of your children to move forward with a modification hearing. Even if the judge does not agree with your request, they may understand why you requested the hearing if you frame the matter properly.

However, if the judge believes that you requested the hearing as a way to control or punish your ex, they could hold you accountable for that. Not only can a judge rule against granting your modification request, but they can also order you to pay your ex’s attorney costs if they think you tried to use the courts as a way to control or punish them.

You may want to discuss a modification with your ex before going to court. The possibility always exists for the two of you to cooperate and file an uncontested modification request together. Understanding the rules that apply to custody modifications and other family law proceedings can help you avoid mistakes that can hurt your case and cost you money.