A question people ask when they come into my Round Rock Law Office is when can they change or alter a child custody order already entered by the court? The answer is custody, visitation and child support may be changed or modified after a court order has been entered by the Judge.
While an order from the court may be altered, there are certain requirements that must be followed.
Requirement A: The motion to modify the previously entered order should be filed in the same court that rendered the order to be modified. If the children have resided in a different jurisdiction for 6 months prior to the filing of the motion to modify then a motion should be transferred to the new county once it has been filed. For instance, if an order in a suit affecting parent-child relationship was issued in Gatesville, Texas — which is the county seat of Coryell County — and the parent having the right to designate the primary residence of the children moves to Round Rock, Texas, it might not be convenient for the parent to travel from Round Rock to deal with the child custody case in Coryell County.
Requirement B: Another condition that must be met to modify a Texas child custody or visitation order is that the circumstances of the child, or one or both parents, have materially and substantially changed — or the current order has become unworkable or inappropriate.
- Furthermore, if a modification that is filed before the passing of one year from the time the order was entered, it must be accompanied by an affidavit.
A child support order may be changed at any time there is a showing of substantial change in circumstances.
Requirement C: Another situation where a child support order may be modified is if 3 years have passed since the rendition of the order to be modified and the child support would change by $100 a month or 20 percent.
A Recent Procedural Hurdle
Starting September 1, 2015 if a party wants to set a modification for temporary orders the party must submit an affidavit and obtain approval from the judge. Temporary orders on a modification is a very complex and difficult road for a person seeking a change. The bar is set really high. If you want to change the parent with the right to determine the primary residence of the child you will have to meet the procedural hurdles. I will devote a full blog post to temporary orders on a modification of a child custody order.
Do You Need Child Support/Have a Case Filed Against You?
If you are in need child support or have a child support case currently filed against you then you should seek the advice of an experienced lawyer practicing in Williamson County. If you have any questions about child support please call The Law Office of Clifford Alan Swayze located in Round Rock, Texas at 512-335-5245.