Modifications Attorney Based in Denton\n
In the state of Texas, the court will always do its best to ensure that its rulings in divorce, custody, support, and similar family law cases are made in the best of interest of the children and the respective circumstances of their parents. However, the court can only make rulings based upon the information available and situations as they exist at the time of the ruling. For any number of reasons, a modification may need to be made to the previous rulings of the court. These reasons include a change in the financial situation of one of the parents, in the needs of the child, or in other ways unique to your family.
When a modification becomes necessary, it may be necessary to act immediately to preserve the parent’s or the child’s rights. In some instances, if you do not take action to remedy a situation immediately, you may waive the right to do so. Should one of these circumstances occur, you and your child need quality representation from an experienced family law attorney who has practiced in your local area and is highly familiar with the applicable state laws.\n
Common Modification Scenarios\n
Here are a few of the common scenarios where a modification can be sought in the state of Texas:
- When a child who is at least 12 years old has requested to live with a different parent than the one they are currently residing with.
- When there is an accusation that the parent with custody is unfit to serve as legal guardian due to a drug or alcohol addiction, mental health disorders, unhealthy relationships, inappropriate living conditions or severe financial struggles.
- When the child is struggling with performance in school, managing mental or physical disabilities or legal issues and the parent they are currently residing with is not handling those problems appropriately.
- When one or both of the parents is moving and the existing custody and visitation schedule needs to be modified to reflect the new living arrangements.
- When the custodial parent is seeking to move with the child to a new location outside the area of the geographical restriction.
- When it can be demonstrated that there is some sort of danger to the child or neglect taking place. For instance, when one of the parents has become involved with an individual who has criminal or CPS history or who engages in acts of domestic violence against the parent or the child.
- When the financial situation of one or both parents has changed and the order needs to be modified to increase or decrease the child support, provide for health insurance for the child or to account for the payment of additional extracurricular or school activities for the child.
- There may be numerous other reasons.
It is typical for the court to require that at least one year has passed since the entry of the prior order before a modification can be sought. However, under certain circumstances the court may allow a modification to occur sooner. This is particularly true when the current situation is placing the child in a potentially dangerous or harmful situation.\n
Immediate Action Needed\n
When there is an emergency situation, it is important to take action to protect yourself and your children immediately. If the child is facing a dangerous situation such as the potential for eminent physical, mental, or emotional harm, one of the parents may need to seek a temporary restraining order or protective order against the other parent or a third party. Such options should be considered carefully as the effect of such an order may follow the parties and children throughout the remainder of the case, if not longer. As such, the judge considering such a request will likely require specific details, personal knowledge and documentation before granting these requests. For instance, if you or your children are experiencing domestic violence, it is extremely important that you report and document each incident. It is also important to contact an experienced family law attorney who can assist you in quickly and effectively taking the steps necessary to obtain the necessary orders for your protection.\n
Assisting Clients with Modifications in North Texas\n
Modifying an existing custody, divorce, or child support agreement can be emotional and difficult. However, you must do everything in your legal power to ensure you establish or maintain custody of or access to your child(ren). In some circumstances, you may need to fight to protect your physical, mental or emotional health or the physical, mental or emotional health of your children. Brandi is willing to discuss your case personally and explore what options would give you the best results, no matter how complex, stressful, or contentious the specifics of your case may be. If you are in Denton, Aubrey, Pilot Point, Sanger, Krum, Carrollton, Flower Mound, Lewisville, Plano, Frisco, Prosper, Celina, Anna, McKinney, Allen, The Colony, Gainesville, Dallas, or any of the other surrounding areas, call today at (940) 372-0931 or fill out our online contact form.