Court orders may account for a child’s needs at the time of a divorce, but moves, schedule shifts, safety concerns, or a parent’s availability can all put pressure on an existing order. The family courts in Texas require the petitioning party to demonstrate a significant change in circumstances. If you are seeking a child custody modification in Texas, your first step should be to understand the legal steps and fees that are involved in the process.
When Are Child Custody Modifications Allowed?
Whether you live in South Congress, Zilker, Hyde Park, or elsewhere in central Texas, child custody modifications in Texas are allowed only when specific legal standards are met. The judge overseeing a case requires proof that a material and substantial change has occurred since the last custody order was entered.
This may include a parent’s relocation, changes to work schedules, concerns about a child’s safety or schooling, or a shift in a parent’s ability to meet the child’s needs. The request for modification must also serve the “best interests” of the child and not simply reflect a parent’s frustration with the other party.
In a state with a divorce rate of 2.2 per 1,000 people, custody modifications are common. Parents may seek modification when one parent moves farther away or for other valid reasons. The courts understand that the circumstances can change over time.
How to Modify a Child Custody Case
Single parents head an estimated 24% of family homes in Travis County, and many find themselves appearing in the Travis County Civil and Family Courts Facility, located at 1700 Guadalupe Street in Austin.
Modifying a child custody case in Texas begins by filing a petition in the court that issued the original custody order. The petition must explain what has materially and substantially changed since the last order was issued and how a modification supports the child’s best interests.
After filing, the other parent must be formally served with notice of the request. Texas courts may encourage mediation to resolve disputes before hearings are scheduled. Mediation allows both parties to resolve disputes without heavy involvement by the courts.
Court Costs and Fees
In Travis County, the filing fee for a child custody or child support modification depends on whether the case is new or a modification of an existing case. Most modifications filed within an existing parent-child relationship case require a $30 filing fee, including a $15 state fee and a $15 Domestic Relations Office operations fee.
An entirely new case could have a base filing fee of $350. Additional fees may include the cost of serving the other party by a constable or sheriff. This typically costs $90 per citation. These cases often require support from an experienced family court attorney who may charge by the hour and require an upfront payment known as a retainer.
Why You Should Hire a Child Custody Modification Lawyer
Family court cases account for around 43% of all civil cases in Texas, and family law attorneys play a crucial role in child support cases. Whether you are seeking a modification or fighting one, Texas modification laws govern the process and require both parties to present evidence to support their legal arguments.
The decision to hire a child custody modification lawyer can make a meaningful difference in shaping the outcome of your child custody case. An attorney can explain how child custody modification laws apply to your situation and what steps are needed to achieve a favorable outcome in court. Attorneys can file motions, speak on your behalf before a judge, and take decisive action to protect your rights and interests at every step of the process.
FAQs
How Do You Modify a Child Custody Order in Texas?
A child custody order is modified by filing a petition in the same court that issued the original order. The parent requesting the change must show that there has been a substantial and material change in circumstances since the original order was signed. The other parent must be formally notified and allowed to participate. Some courts may recommend mediation before scheduling hearings.
How Much Does a Lawyer Charge for Child Support Modification?
An attorney charges for the time and resources they put into a case. Since modification cases can be complex and require considerable time from a lawyer, they may charge an hourly rate and require an upfront retainer. The overall cost of your case may depend on the attorney’s billable rate, the number of hours spent on your case, and any court fees that you incur.
What Is the Biggest Mistake in a Custody Battle?
The biggest mistake parents make in a custody battle is being unprepared. The other parent may file motions that place you on the defensive. By working with an experienced attorney from the beginning, you can position yourself for a favorable outcome in court that protects your rights and furthers your interests.
What Are the Potential Outcomes of a Modification Case?
Once filed, a modification case would either result in a formal change to the standing court order or a judge ruling that results in no modification. While there are no guarantees in court, legal representation can play an important role in how your case plays out. An attorney can be a powerful advocate for your interests. They understand the type of evidence that is needed for success in court and which legal arguments may resonate with a judge.
Contact a Trusted Child Custody Modifications Law Firm Today
If you are seeking or fighting a child custody modification, you can trust the Law Office of Ben Carrasco, PLLC, to advocate for your rights and interests. Our founding attorney graduated from Stanford Law School and is a member of the Family Law Section of the Austin Bar Association and other legal groups. As a seasoned litigator, he understands the local family court system and how to advocate for his clients’ interests effectively.
When you work with our law firm, you gain the trusted support of a legal team that focuses on getting results. We are proud to have earned positive reviews from our past clients. We understand how emotionally and legally complex custody cases can be, and we are ready to stand by you through thick and thin to see that you stand the strongest chance for securing a favorable outcome in court. Contact our office today to schedule your initial consultation.
