Austin Child Custody Modification Lawyer

Child Custody Modification Attorney in Austin, TX

Texas custody cases are inherently emotional because of their high stakes for the families involved. Don’t struggle alone. Instead, connect with an Austin custody modification lawyer. Legal representation is critical in Texas, as the process involves complex law. Without skilled legal help, parents may struggle to meet the state’s requirements for proving a significant change in circumstances or effectively counter opposition from the other parent.

Why Choose the Law Office of Ben Carrasco, PLLC, for Your Custody Modification Case

The Law Office of Ben Carrasco, PLLC, understands the high stakes involved in custody cases and is committed to fighting for positive outcomes while prioritizing your child’s best interests. Our deep understanding of Texas family law and familiarity with the Austin court system give us an edge that enables us to fiercely defend your rights and interests in child custody modification.

We have assisted Austin families with a wide variety of child custody agreements and, when necessary, modifications. With so many affluent Texans in the area, we are particularly helpful with high-net-worth custody modifications.

The Difference Our Firm Can Make

Founding attorney Ben Carrasco’s broad practice scope also ensures that his clients can rely on him for counsel on various family law issues, including visitation schedule modification. With an understanding of the uniqueness of each case, he offers a personalized approach, taking the time to understand your situation and develop strategies to meet your specific needs.

Choosing our firm to work for you means you have an experienced partner on your custody modification journey, with his wealth of legal experience and knowledge at your disposal. We’d be glad to guide you through the legal maze and help set you up for a successful outcome.

Why You Need a Child Custody Modification Lawyer in Austin, TX

A child custody (conservatorship) order in Texas is a legal ruling that outlines how parents will share responsibilities for their child’s care. Child custody orders in Texas are usually made based on the circumstances of the parents and the needs of the child at the time when the order was made.

However, like most things in life, circumstances can change, and the terms of an order issued years or months ago might no longer be appropriate for the child’s welfare or a parent’s current situation. The Texas Family Code allows modification of child custody orders to acknowledge this fact.

Final orders in a family law case are not permanent. When the circumstances of you or your family change, you can change the terms of your final divorce decree or custody order. A court order (or the portion of a divorce decree) relating to conservatorship, support, or possession of and access to a child may be modified by filing a claim for custody modification in the appropriate court.

Modifying an Order

Any party affected by the order or the portion of the decree to be modified, usually a parent, may file a claim for modification. An Austin custody modification lawyer can help a parent with this process if they believe that their current order needs to be changed. Modifying a custody arrangement involves changing the terms of an existing custody order.

This could result in adjustments to visitation schedules, the designation of the primary custodial parent, changes to child support (either to increase or decrease) or other elements of the custody arrangement. The process requires  filing a petition to modify the existing order, conducting discovery, negotiating an agreed settlement or, if settlement isn’t possible, a final trial. Custody modification in Texas can be complex, making it essential for parents seeking such an order to work with an experienced family law attorney.

The Law Office of Ben Carrasco, PLLC, stands ready to advocate for parents in Austin, Texas, facing custody modification issues. Whether you seek to modify your child’s custody arrangements or you oppose a proposed modification, you can trust an experienced Austin child custody lawyer to work closely with you and fight for a result that supports your family’s needs.

Grounds for Custody Modification in Austin

There are several valid reasons why parents might seek to modify their child’s custody arrangement. For example, a change in circumstances, such as a job relocation or a change in living conditions, can directly affect a parent’s ability to adhere to the current arrangement.

Living conditions are a routinely cited reason for needing to modify an existing custody order. In Austin, as of 2023, there were about 42,837 companies operating in our area and approximately 32,700 millionaires living in our city, which is just shy of a million residents.

As a result, if your life circumstances change and you experience a significant increase (or decrease) in income, you may need to adjust your child support or custody order to reflect your new financial circumstances. As a high-net-worth Austin leader, you need an experienced attorney familiar with custody modifications.

The Child’s Interests

Another factor that could influence the need for modification is a change in the child’s needs or preferences as they grow older. It’s not unusual for children to require or desire different arrangements as their educational or social activities evolve.

Concerns about the child’s well-being or safety can also necessitate a custody modification. If one parent believes the current environment jeopardizes the child’s safety—perhaps because of the introduction of a new stepparent, for example, they may need to take legal steps to ensure the child’s removal/restriction from that environment.

Essentially, any party who is dissatisfied with the terms of a custody order can seek modification. However, seeking modification is one thing; getting the court to approve it is another. By Sec. 156.101 of the Texas Family Code, the court may modify a prior order if doing so would be in the child’s best interest and one of the following applies:

• The circumstances of the child, parent, or other party affected by the order have materially and substantially changed since the date of the original order or since the parties signed a mediated or collaborative law settlement agreement on which the initial order was based.Examples of behavior by one parent that may constitute a material and substantial change justifying a modification of managing conservatorship include the use of illegal drugs by a party; being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities; or the physical, mental, or sexual abuse of a child; or
• The child is 12 years old (or more) and has expressed their preference of who should have primary custody to the family court judge in chambers; or
• The conservator who has the exclusive right to designate the child’s primary residence has voluntarily relinquished the primary care and possession of the child to another person for at least six months. This ground does not apply if the primary custodial parent is on military deployment during those six months.

Determining if a Modification Is Necessary

Unless your case falls within these grounds, it might be difficult to get a custody modification order. Determinations as to whether the circumstances of the child, a conservator, or other party affected by the order have “materially and substantially changed” are necessarily made on a case-by-case basis.

Examples of behavior by a parent that may constitute a material and substantial change justifying a modification of managing conservatorship include the use of illegal drugs by a party, being convicted of a crime, or subjecting the child to the influence of persons involved in criminal activities, or the physical, mental, or sexual abuse of a child.

How an Attorney Can Help

An experienced Austin attorney could discuss the option to modify a custody order and determine whether the situation meets these requirements. In the context of child support, a substantial increase in one parent’s income may constitute a material and substantial change justifying modification of support payments.

For more information regarding modification of your divorce decree or custody order, contact the Law Office of Ben Carrasco. We can help you assess your case and determine if your situation meets these requirements.

Modifications for High-Net-Worth Texans

Even with high-net-worth custody modifications, Texas courts still focus on the best interests of your child, but wealth often introduces complexities like affording better schools/activities, multiple homes, and extensive travel. As a result, courts require detailed plans for lifestyle preservation, education, healthcare, and schedules. Courts still want to see a parent’s genuine emotional connection, involvement, and a stable environment for a child.

Parents with a high net worth must focus on their child’s emotional, physical, and developmental needs. A lawyer can build a compelling case to prove to the court that while extensive wealth may allow for a high-quality education, extensive extracurriculars, and travel, your child will still have a stable environment. Your attorney can argue that your complex logistics and high-profile status should be taken into account.

To prove a modification is necessary, you must still show how a significant change in circumstances requires a modification. With your attorney, you can demonstrate a proposal that demonstrates that you can provide stability to meet your child’s needs, not just that you can afford to meet their every need. Even in high-asset situations, showing cooperation with the other parent is valued, and your lawyer can highlight your willingness to agree on a plan.

We Can Help

At the Law Office of Ben Carrasco, PLLC, we have extensive experience assisting clients with complex modifications in high-asset situations. We can prove to the Travis County Civil & Family Court judges your willingness to cooperate in developing a stability plan and that the modification you seek is necessary. Reach out to hear more about the modification plan we can create for your family.

Custody Modification in Austin, Texas – Initiating the Process

Any party affected by the order, or by the portion of the order to be modified, usually a parent, may file a claim for modification with the court that issued the original order (although it can be filed in a different court in a few exceptional cases).

This legal process often requires demonstrating why the current order no longer suits the child’s needs/best interests. Texas courts will also need to see evidence of a material and substantial change to warrant modifications or the fulfillment of any of the other grounds mentioned above before modifying a custody order. This ensures that any modifications will truly benefit the child.

Custody modification claims are not one-sided, and the other parent must be notified and served with the relevant court papers. They also have the right to contest the claim and present evidence showing that the modification order should not be granted. It is not unusual for the opposing parent to respond with a counterpetition to modify of their own, which can result in the parent who initiated the litigation to end up in a worse position then before they filed depending on the evidence and what ultimately happens at trial. The court will assess the evidence provided by both parties (if the other party is contesting) and decide whether modifying the custody order is in the child’s best interests.

Engage Our Team

As an experienced child custody lawyer, I am prepared to aggressively advocate for you in custody modification proceedings, whether contested or not. With extensive family law experience, you can rely on me to help you build a strong, compelling case and advance arguments that could convince the court to decide in your favor. The initial case assessment is critically important in custody modifications. You want a lawyer who will “shoot straight” and give you an honest appraisal of the merits of your case. Filing a frivolous or weak modification suit can result in wasted money and, potentially, court sanctions, including having to pay the attorney’s fees incurred by the opposing party for defending against a weak or frivolous claim. I believe in providing clients with candid, no frills case evaluations, even if it means losing potential business.

Custody Modification Agreements

Generally, only a court (usually the same one that gave the prior order) can modify the terms of an existing custody arrangement. However, if you can reach an agreement with your child’s other parent, you may be able to avoid most of the court process. In that case, you’ll both need to sign the appropriate modification claim forms and submit the proposed modification to the court for approval so it becomes legally binding.

An agreed modification, where possible, benefits everyone, especially the children. Legal counsel throughout the process can benefit you by ensuring that the agreed-upon terms are properly documented and minimizing the risk of future misunderstandings.

When you partner with my office, I can help draft a thorough custody modification agreement that reflects your true intentions and the rights of everyone involved. This can help enable a smoother transition for your child. I am particularly adept at working with high-asset custody modifications throughout Austin.

When to File a Custody Modification Claim

Generally, anyone seeking the modification of a custody order must wait one year before filing a modification claim if the changes sought are related to who has the right to determine the child’s primary physical residence (or primary custody).

However, there are a few exceptions to this rule. A modification claim may be filed within one year if: 

• The person with primary custody agrees
• The person with primary custody is the one seeking the change
• The child’s present environment is detrimental to their physical health or emotional development
• The person with primary custody left the child in the care/custody of someone else for at least six months (subject to the military deployment exemption)

It’s worth speaking with a knowledgeable attorney about your specific situation.

Challenges in Modifying Custody Orders

Parents seeking to modify a custody order often face several challenges. One of the most common is opposition from the other parent, who may resist changes to the current arrangement out of concern for losing time with the child or altering their own lifestyle.

Another challenge is proving a significant change in circumstances, such as a parent’s relocation or a change in the child’s needs, which is required to justify the modification. The emotional strain and potential for heightened conflict can make the process challenging and stressful for the children involved in the custody and for the parents.

The Law Office of Ben Carrasco, PLLC, provides the experienced legal support needed to navigate these challenges. I can help parents in Austin, Texas, gather the necessary evidence to prove a substantial change in circumstances and build a compelling case to show a judge that a modification is necessary.

Hire a Custody Modification Lawyer in Austin, TX – Call Law Office of Ben Carrasco, PLLC

Modification of child custody orders can be complex and overwhelming. Whether due to changes in circumstances or in the child’s preferences, it’s essential to approach custody modifications with a clear understanding of your rights and the legal requirements involved, no matter which side you’re on. Fortunately, you can hire a child modification lawyer to protect your rights and your child’s future.

Working with an experienced child custody modification attorney is crucial to ensure the process is as smooth as possible, protect your rights, and secure an optimal outcome for your child. At the Law Office of Ben Carrasco, PLLC, I provide experienced legal guidance to parents seeking custody modifications, helping them build and present a strong case to the court.

For professional assistance with your custody case, contact me today to schedule a consultation and explore your legal options. From Cedar Park to Circle C and Westlake, I am here to answer your questions and provide support throughout the legal process. Contact us to schedule your initial consultation today.