Enforcement and Modification of Custody, Visitation and Support

/Enforcement and Modification of Custody, Visitation and Support
Enforcement and Modification of Custody, Visitation and Support2018-10-12T08:51:36+00:00

Houston Enforcement and Modifications Attorney

Enforcement and Modifications AttorneyAfter a divorce, you may need a modification to an existing custody or support order. You may also need an enforcement and modifications attorney to defend against Child Custody Modifications. You also may require an attorney to enforce or defend against an enforcement action. At The Alsandor Law Firm, we are experienced in protecting the rights of our clients in enforcements and modifications related to custody, visitation, relocation, support and other child issues. We will take a strategic approach to your case, collect all relevant evidence, and present your needs to the court, remaining mindful of your financial rights and your children’s needs.

An enforcement or modification may be necessary if there is a change in circumstances such as an illness, relocation, job loss that affects a custody or support arrangement, or in a situation where a parent fails to abide by an agreement or order. Contact The Alsandor Law Firm to protect your rights in a modification or enforcement case.

Modifications and Enforcement of Custody

Child custody modifications may include a modification to parental rights and duties, or visitation schedule. The court will grant a modification if there is a change in circumstances that makes the existing order impractical or impossible. A change in circumstances may include a relocation, change in job, the child’s schedule, or other changes with a child or parent. If you are seeking child custody modifications to an existing custody order or you need to defend against a proposed modification, please contact us for a consultation.

A custody enforcement case may include the enforcement of a visitation schedule or the exercise of a parental right or duty. If you are seeking to enforce an existing custody order or you need to defend against a proposed enforcement, please contact us for a consultation.

We are Experienced in Enforcement and Modifications involving the following:

  • Child’s desire to reside with a different parent
  • Abuse or neglect
  • Changes in income
  • Child’s needs
  • Visitation modifications/ primary conservatorship

When Can You Request to Modify a Custody Order?

In the State of Texas, there are only a few circumstances that allow for child custody modification. These circumstances can only happen if they serve in the best interests of the child. Such circumstances must also fit the following that:

  • A substantial change in circumstances for the child or parent occurs after the original custody agreement
  • The child is 12 years or older and voluntarily asks the court for a change
  • The custodial parent willingly gives the other parent custody

Generally, if a current custody arrangement appears to be working for all parties, the court will not consider modifying custody. When it comes down to it, the court’s main concern is meeting the best interests of a child. If your reason for modification appears to frivolously interrupt your child’s well-being or way of life, the court will not grant your request. However, if your reasons are one of the circumstances outlined above, you can potentially alter your current custody order.

Below is an in-depth look at each circumstance for child custody modification, as well as the requirements for them.

Experience a Substantial Change in Circumstances

Texas law identifies several instances that qualify as a substantial change in circumstances. Some of these circumstances entail a permanent change in life, and can include the following:

  • The remarriage of a parent
  • Any debilitating illnesses that affects a parent’s ability to regularly work
  • Convictions of a parent’s criminal acts
  • A relocation in residence that causes visitation hardship for the other parent
  • The death of a custodial parent

If you are unsure if your circumstances qualify for a change in custody, seek advice from a family law attorney.

Your Child’s Preference in Custody

During a custody hearing, a judge will interview any child aged 12 years or older. The interview will occur outside the courtroom, in the judge’s private office. They will ask your child which parent they prefer to live with. However, even if your child expresses an interest to live with the other parent, the court will only grant the request if it’s in the child’s best interest. Younger children can also be interviewed.

Relinquishing Your Custody

If the custodial parent willingly relinquishes custody to the another parent, the court will allow child custody modification. This voluntary request must occur for at least six months. This provision does not apply towards custodial parents who temporarily give up custody while serving for active military deployment or duty.

Requirements for Filing a Motion

When filing a motion for child custody modification one year after the original order, you also must submit an affidavit. In the affidavit, you will need to include one of the allegations below, as well as the facts supporting your claims:

  • That your child’s current environment endangers or impairs their physical or emotional health
  • That you as the custodial parent believes a modification would improve your child’s needs
  • That the current custodial parent wishes to relinquish custody, and that such a modification would serve the child’s best interests

If you’re unsure if your circumstances warrant child custody modification, a Houston child custody enforcement and modifications attorney can provide advice.

Modifications and Enforcement of Support

A modification of child support or spousal support is available if a change in circumstances makes the original order impractical. If you are unable to pay child support and are seeking a modification, please contact our office. We can also help you seek an increase or decrease in support after a job change or serious injury. Our child support enforcement and modifications attorney will inform you of your rights in a support matter and help you obtain the financial security you need.

An enforcement of child support or spousal support is available if a person ordered to pay support does not pay it. We can also help you enforce the payments of support. If you are seeking to enforce an existing child support or spousal support order or you need to defend against a proposed enforcement, please contact us for a consultation.

Seeking Legal Help for Child Custody Modification

Certain circumstances arise that can drastically alter your child’s development. Hardships such as falling down with an illness or relocation often causes considerable change in a family’s situation. Whether you wish to get closer to your child or see your child’s best interests met, the outcome of a modification request can determine your child’s path in life. To ensure the best possible outcome, seek counsel from a Texas family law attorney.

Contact an Enforcement and Modifications Attorney Today

Contact The Alsandor Law Firm for a consultation with Cheryl Alsandor, a family law specialist board certified by the Texas Board of Legal Specialization, or one of our other family law attorneys, serving clients throughout the Greater Houston, Texas area.