Modification of Child Custody

You must file a motion to modify custody if you wish to make a change to an existing conservatorship or possession and access order.

How to file for child support modification?

Modification of child-custody cases must be filed in the Texas county where the original order was made.

2

What is considered a change in circumstances?

The Texas Family Code lists the following grounds as material and substantial changes that can justify modifying custody and visitation: child abuse conviction, family violence conviction, or a threat of harm to self or others.

3

What is the most common child custody arrangement?

In Texas, the family court will consider three different child custody or conservatorship options: joint, sole, and third party. Most parents are awarded joint conservatorship unless there is a specific reason not to award this arrangement.

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How a mother can lose a custody battle? 

One of the most important things you can do to protect your rights is to speak to an attorney as soon as possible. Texas courts will consider whether a parent has been addicted to drugs or alcohol during pregnancy when determining custody.

5

How a mother can lose a custody battle? 

One of the most important things you can do to protect your rights is to speak to an attorney as soon as possible. Texas courts will consider whether a parent has been addicted to drugs or alcohol during pregnancy when determining custody.

6

What is considered an unsafe environment for a child? 

An unsafe environment may involve physical violence, such as slapping or hitting the child, or sexual contact with the child. It can also include neglect, as in a failure to provide sufficient food or medical care for the child and leaving the child without appropriate supervision.

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What are the three factors that would be taken into consideration in a child custody case? 

The main considerations are: frequent contact between the child and the parent who acts in the child's best interest and creates a safe, stable, non-violent home environment for the child. We encourage both parents to share rights and duties of parenthood.

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Can you modify a parenting plan without going to court? 

No. Only a judge can change a court order.

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How long does a child support modification take in Texas? 

Obtaining a new order that modifies your child support may take at least six months.

10

Does child support increase if salary increases in Texas? 

Under Texas law, the court may increase the amount of child support you are ordered to pay if you are making more money now than when the original order was established or last modified.

11

How often can you modify child custody in Texas? 

In most cases, a parent must wait a year before requesting that the court change his or her custody order.

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Custody Modification

If you are considering a change to an existing conservatorship or possession and access order, take action now by contacting the Law Office of Robert Tsai, PLLC.