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Brooks and Radchenko Law Firm

Child Custody Modification Attorneys in Dallas - Fort Worth Area

If a substantial change has occurred in your life or the life of your child, you may need to modify your parenting plan. To seek a change custody order in Frisco, TX, or the broader Dallas metro area, contact the family law attorneys at Brooks and Radchenko. Our legal professionals can help you pursue a modification of custody.

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Family Lawyers Assisting Parents with Modification of Child Custody in DFW

The restructuring of a parental relationship can be complex and difficult. Whether you need to file for visitation modifications or changes in child support agreements, it is important to speak with a modification of child custody attorney.

At Brooks & Radchenko, we provide trustworthy family law representation to those in the Dallas-Fort Worth area. We will review the facts of your situation to help you determine whether the family court is likely to grant your request for child custody modification.

If you need assistance altering a parenting plan, we can help. We will advocate fiercely for your rights as a parent.

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Lawyers Galina and Britton joint photo

Reasons & Grounds for Custody Modifications in Texas

Changing a child custody agreement may be necessary if the family’s life circumstances have changed. Parents are permitted to agree to informal or temporary changes to the visitation order.

But Texas modification of custody laws requires significant changes in circumstances to serve as grounds for custody modification. If your living situation, income, or other circumstances have changed, you may be able to successfully seek a modification of custody order.

Relevant reasons for modification of custody orders can include:

  • Changes in the parents’ lives
  • Changes in the child’s needs
  • Changes in the parents’ relationship

A custody modification attorney can help you navigate the Texas Family Code.

  • Material and Substantial Change in Circumstances

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    When you petition for modification of visitation orders through the court, they must provide evidence that a change has taken place. Significant and material changes in circumstances are grounds for modification of custody in Texas involving children under 12 years old.

    A family court judge will assess each case based on relevant factors. Some examples of significant and material changes include:

    • The death of a parent
    • The marriage of one parent to a new spouse
    • A parent's criminal convictions
    • Relocation that causes hardship in visitation schedules
    • One parent sustaining a significant injury, illness, or disability

    The court will only grant a modification if it is in the best interests of the child.

  • Child’s Wishes and Preferences

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    In most child custody cases in Texas, judges prefer not to have children in the courtroom. But in some instances, the wishes of the child are considered pertinent.

    When a child is 12 years old or older, the family law court may take their preferences into account when determining a custody order. However, regardless of preference, the judge will ensure that the visitation rights given to parents reflect thebest interest of a child.

  • Relinquishment of Custody

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    Family court judges may also modify custody orders if the custodial parent has decided to relinquish custody for at least six months. Relinquished custody typically results in the other parent becoming the custodial parent because they must provide for the child's daily needs.

    However, the custodial parent also has the option to determine the child's primary residence. They are not required to have the child reside with the other parent. For example, they may have the child stay with a grandparent rather than relinquish custody to the non-custodial parent.

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Retain a Dallas Child Custody Modification Lawyer Today

To file for modification of custody in the DFW metroplex, reach out to the knowledgeable team at Brooks & Radchenko. We will gladly provide you with an online consult to review your case.

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Agreed-Upon Child Custody Agreement Modification

Texas family courts hope that parents will agree when it is necessary to pursue a modification of custody order. When both parents agree to the proposed changes in the arrangement, filing for modification of child custody is usually simple.

But as with all decisions in the courts, family law judges will seek the best interests of the child above all else. If one parent resists the proposed changes, other solutions may be possible. It is critical to speak with a family law attorney when filing for modification of child custody in Texas.

Enforcement of Child Custody Orders in Dallas-Fort Worth

When an ex-spouse fails to adhere to the terms of a custody order, the other parent can petition the court to enforce the agreement. If your child’s other parent is not fulfilling their responsibilities, speak with an attorney about modification of custody in Texas.

All relevant parties are legally required to adhere to the terms following a modification of custody or parenting plan. A parent who violates the terms of these orders may be held in contempt of court or face additional penalties.

Enforcement of Child Custody
Changes in Child

Changes in Child Custody May Impact Child Support

Before filing a motion for modification of custody, you should speak with a skilled family law attorney. A lawyer who handles child custody modification in Texas will help you understand how child support may be affected in your case.

Typically, more time spent providing childcare results in less child support being owed to the other parent. However, each case will be considered on its own merits.

When a change in child custody alters visitation schedules, the child support agreement may need to be updated. If the identity of the custodial parent has changed, speak with an attorney about adjusting your current child support order.

Modify Custody Order with Brooks & Radchenko Family Lawyers in Texas

To speak with a skilled Texas family law attorney about a modification of child custody, schedule an online appointment with the professionals at Brooks & Radchenko.

Our Top Child Custody Attorney in Dallas, TX

Britton Brooks

Britton Brooks

Over the past 15 years, attorney Britton Brooks has managed more than 700 matters of family law. Mr. Brooks boasts extensive courtroom experience and thorough knowledge of the Texas Family Code. He has handled complex child custody cases and overseen modifications in child support and custody orders. In 2019, Mr. Brooks was named the Best of Texoma criminal, family, and divorce lawyer.

  • “Best of Texoma Criminal Attorney” 2017, 2018, 2019
  • “Best of Texoma Family Attorney” 2019
  • ”Best of Texoma Divorce Attorney” 2019

How Our Child Custody Modification Law Firm Can Help Change Custody Order

Maybe you are seeking a visitation order modification. Perhaps your child’s other parent has filed a petition for modification of child custody with which you disagree. Regardless, our child custody modification lawyers can help.

When you hire us, the trustworthy team at Brooks & Radchenko will:

  • Explain the process of child custody modification in Texas
  • Examine whether you can hope to secure a modification
  • Determine the best way to defend against an unwanted modification
  • File relevant modification request forms or respond to a petition
  • Argue persuasively for the custody order you believe is best

For more information about how a family lawyer can help you, contact our firm.

Child Custody Modification

Our Successful Cases

Following are examples of some of our recent results:

Obtained a not guilty verdict for a client criminally accused of domestic violence. The criminal matter would have had an effect on the final custody determination. Brooks and Radchenko helped the client in his criminal matter to ensure that we could fight for him to obtain more time with his child moving forward.
We overturned a temporary order of custody returning a child into primary possession of his father prior to a final determination hearing.
We returned a baby girl to her mom after they were separated for a year because of false accusations of the father. The mom was reunited with her younger daughter as the full time custodian. She was also able to obtain expanded visitation rights with her oldest daughter who is in the primary custody of her father.
Won custody on a pretty tough case. A child was taken from his mother where he lived his entire life. The father was on the run staying at various trailer parks and hotels. We were nervous that we would not be able to serve him. We worked with our local investigator. We found the child and the father, served him, and were able to reunite the mother with her child.
We were able to give temporary custody to a woman who was being verbally and physically abused by her husband. She is an immigrant and he would consistently use her immigration status against her by telling her he would have her deported and take her son. When she was ready to leave he tried to file orders of protection and made up allegations. We were able to file an emergency motion asking for our own order of protection, asking that the mother be named temporary primary guardian and we won.
We were able to reunite a child with his father. In this case, the child was in the primary custody of the mother and the father had a right of visitation. We appeared at a hearing where testimony was taken from the mother and the father. We also had a home study conducted on the home of both parents. We found that the mother was neglectful in that she did not help the child with his homework, she allowed him to play endless hours of video games, and the child sustained bruises and burns in her custody. After the hearing, the judge ruled that the father should be the primary guardian while allowing the mother visitation rights with the child.
Represented a man in a child custody matter. During the pendency of that matter, his girlfriend accused him of family violence. We defended the man in his criminal activities. In that action, there was no proof of violence. No photos of the injuries and no medical records documenting any injuries. The complaint was made almost 1, 1/2 months following the alleged incident. A full criminal trial was held. We held a full criminal jury trial. The man was acquitted on all charges.

These are only a few of many examples

Featured Clients Testimonials

Jim

5.0

Car accidents case

Halina Radchenko was so hardworking when she was handling my car accident. Unlike with other attorneys, I always felt supported and confident with her help, and I could not be more pleased with the results!

Julia

5.0

Divorce Case

I really needed a lawyer and a law firm that would go above and beyond for me, and not make me feel like another name on the roster. Britton Brooks was that attorney! My trial went smoothly, and I couldn’t be more grateful!

Alan

5.0

Slip and Fall Case

If you live in Dallas and need a personal injury lawyer, I could not recommend Brooks & Radchenko more! Professional, communicative, and hardworking, I never anticipated feeling so cared for and heard by a lawyer!

File a Petition to Modify Custody with Our Family Lawyers in the Dallas Area

To petition for a custody modification in the DFW area and across Texas, schedule an online consult with one of the attorneys at Brooks & Radchenko.

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Areas We Serve

  • Mesquite

  • Sherman

  • Dallas / Fort Worth Area

  • Denton

  • Denison

  • Rockwall

  • McKinney

  • San Antonio

  • Houston

  • McAllen

  • Frisco

  • Plano

Frequently Asked Questions

  • When to file a petition for child custody modification?

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    A parent can file for a child custody modification when a substantial change in circumstances has taken place. If one parent’s marital status, income, vocation, or relationship with the child has changed, a modification may be possible.

  • How long does custody modification take?

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    In many cases, parents petitioning for a modification of their custody order must wait at least one year. Speak with an attorney to explore the possible exceptions to the child custody modification timeline.

  • How much does a custody modification cost?

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    Filing a family law court case requires the petitioner to pay a filing fee. If the other parent must be served, you will also need to pay a service fee and an issuance fee. The cost may vary depending on whether the other party contests the modification.

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This website is legal advertising material

It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Radchenko and
Brooks, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct.