Modification of Decrees and Orders in Texas
A party can request that a Texas order or a foreign order for custody (referred to in Texas law as "conservatorship"), visitation (referred to in Texas law as "possession" and/or "access"), or child support be modified. To modify a prior order or decree, Texas law requires that a new lawsuit be filed. Although a modification suit is still often referred to by many as a "motion to modify," the language in Texas law has been changed to clarify that any such "motion to modify" is, in fact, a new suit. Modification of prior orders or decrees may include modifying conservatorship, possession of and/or access to the children, as well as modifying child support.
Best Interest of Child
If both parents are willing, a properly written agreed order of modification may be drafted and presented to the Court. But, if you are unable to reach such an agreement, and you believe that certain circumstances have changed to the extent that the prior decree or order needs to be modified for your child's best interest, you will need the experience of a family law attorney who has been involved in such contested cases to protect your rights and the child's rights.
Our firm has served the Dallas area for over 40 years, and attorney Jerry W. Melton is Board Certified in Family Law by the Texas Board of Legal Specialization. We have the resources to answer all of your questions concerning modification and the qualifications to present a strong case for you. Please fill out our form online or call 972-980-8000 today to schedule a free consultation.