Do you need an attorney in Denton County to help you modify an existing court order? J.T. Borah may be able to help you.

There are a few things you should know before you attempt to modify an order. The court that made the original order retains jurisdiction, unless transferred to another court. An order can be changed by the court in relation to conservatorship, possession, care, child support, or access to a child, unless circumstances exist for the court not to do so.

The actions of a parent may determine whether the court will modify a conservatorship. For instance, although Texas law provides that a parent's sexual activity conducted outside the child's presence is insufficient grounds on which to grant a conservatorship, the court has modified a conservatorship after a mother violated a divorce decree provision prohibiting overnight unmarried male guests by cohabiting with her boyfriend.

Modifying Order that Establishes Conservatorship or Possession and Access

The court may modify an order or decree relating to the selection of a conservator or terms and condition of the conservatorship, possession of or access to the child, or change of circumstances of one or more affected parties, including the child's well being, the child's ability (at the age of twelve or older) to choose the person with rights to decide residence, or the conservator with the authority to designate residence cannot, for a period of six or more months, possess the child and/or care for the child.

Modifying Rights to Determine Child's Primary Residence within One Year

Individuals can seek by way of a suit to have a person other than the one initially selected to serve as the sole individual able to determine the child's primary residence. Some restrictions apply. Affidavits and supporting documentation must be included, alleging that the child's physical or emotional health may be at risk, the person with that right seeks another person to take over that right, or the person with that right gives up possessing and caring for the child and seeks someone else to take on that right for a period of six months or greater.

Relocation

A finding of changed circumstances may be warranted if one parent moves a significant distance away from the other parent. The court may consider distance, to what level the parents get along, the relationship of the non-custodial parent and the child and/or how the relocation affects that parent, the child, whether the relocation is retaliatory in nature, motive for being against the relocation, or whether travel between parent and child is a practical alternative.

Other things to consider include whether improvement of quality of life or lifestyle for the parent or the child could occur as a result of the relocation, possible negative impact of the relationship between the two parents, how the move could affect relationships with other relatives or the community, the child's age, and health and/or educational needs.

Changes in Child Support

Orders related to child support can be altered if the circumstances related to one of the parties involved change, or it has been three or more years have since creation or modification of the orders and changes in circumstances of the person paying child support exist.

Spousal Maintenance

You may also reduce the amount of spousal maintenance by filing a motion in the court that originally entered the order.

The Standard - Best Interest of Child

In a modification suit, the court's focus will always be on the child's best interest. Among the factors that the court should consider when determining the child's best interest are (1) the child's wishes, (2) the child's emotional and physical needs now and in the future, (3) the emotional and physical danger to the child now and in the future, (4) the plans for the child by the party seeking the change, and (5) the stability of the home or proposed placement.

Please keep in mind that if the court finds that a suit to modify is filed frivolously or is designed to harass a party, the court shall order the offending party to pay attorney's fees.

Contact our firm online or call us at (940) 566-4600 for a FREE consultation to discuss the modification of any court order.