San Antonio Attorneys Serving Bexar County & South Texas
The Law Offices of
Steven C. Benke
4018 Vance Jackson Rd. San Antonio, TX 78213
210-308-0004
3 4 8 - 6 7 2 3
1-800-DIVORCE
Email: BenkeLaw@sbcglobal.net
BOARD CERTIFIED - FAMILY LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
QUESTIONS ABOUT MODIFYING CUSTODY, VISITATION
& CHILD SUPPORT
Can the terms of of divorce degree regarding children be changed?
Yes, through a process called modification.
What terms can be modified?
A court can modify provisions for custody (conservatorship), visitation and child support.
Which court can modify an order regarding children?
A request to modify custody, visitation or child support must be filed in the court that last entered an order regarding the children.
Who can file a request to modify an order regarding children?
Generally, any person who is affected by the court order can request a modification.
What are the reasons (grounds) that the court will modify custody of a child?
The grounds for a change of custody are complex and should be discussed with an attorney. The court may consider whether there has been a significant change in the circumstances of the parties or of the child, or whether a person with visitation has been convicted of child abuse or family violence.
Do I have to wait a certain amount of time before I can file a motion to modify custody?
Generally, there is a one year time period from the date of the last court order. However, if you are seeking to change custody less than one year after the original order was signed, then the court has special requirements that you must show in a sworn affidavit before the suit can go forward. In the case of an emergency, the timing of the suit is usually not an issue. But in other circumstances, it is probably wise to wait at least one year before you attempt to change custody.
At what age can my child choose with whom to live?
A child 12 years or older may file a document with the court naming the parent with whom the child wishes to live; however this choice is not binding on the court because the court must also consider the child's best interest.
How can I get legal custody if my child is living with me but the other parent has court-ordered custody?
If the person having custody of the child under the last court order voluntarily leaves the child in the possession of another for a period of more than 6 months and the court finds that this arrangement is in the best interest of the child, the court may modify custody upon the filing of the proper motion with the court.
What are the reasons (grounds) that a court will modify the periods of possession of a child?
The grounds for a change in visitation can be complex and should be discussed with an attorney. The court may consider whether there has been a significant change in circumstances of the parties or the child, whether the visitation order is unworkable or inappropriate whether the person wit custody moved out of state or moved without giving proper notice, whether a person with visitation rights repeatedly fails to exercise them or whether a person with visitation rights has a significant history of alcohol or drug abuse.
What are the reasons (grounds) that a court will modify child support?
Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at lease three years since the last child support order and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support currently ordered.
