Custody — or conservatorship — regarding a child in Texas can
modified until the child turns 18. Once a court order has been entered regarding
custody or conservatorship, a parent must prove that there has been a “material
and substantial change of circumstances” regarding one of the parents
or children that requires modification of the court order. And, the new
order sought must be in the best interest of the child.
A modification begins with the filing of a petition to modify the prior
order. A modification proceeding generally follows the process for any
other suit, including service of process, time to answer, and right to
trial if an agreement cannot be reached.
The most common modification of custody or conservatorship orders involves
a modification of child support. The “material change” may
be the obligor parent getting a raise or better paying job, requiring
an increase. Or, the obligor parent losing his or her job, requiring a
decrease in the amount of child support. Other reasons to modify a conservatorship
order in Texas may be to adjust the periods of each parent’s possession
with the child to accommodate a changed work schedule or the child’s
schedule. Sometimes one parent wishes to change the right to establish
the primary residence of the child from one parent to the other.
If you are interested in filing for divorce or seeking modification on
a family court order in Collin or Denton County, TX, contact CokerLegal and
schedule a consultation today.