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.
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.
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:
A custody modification attorney can help you navigate the Texas Family Code.
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 court will only grant a modification if it is in the best interests of the child.
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.
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.
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.
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.
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.
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.
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.
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.
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:
For more information about how a family lawyer can help you, contact our firm.
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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.
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.
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.
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.
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.