Post Divorce Modification
The nature of children is that they are constantly growing and changing. When the circumstances of a party change, the need for a modification may arise. A modification can make changes to an existing court order based on the changes of the needs of the parties and the children.
Modifications typically address changes such as:
- Changing conservatorship (e.g. the party entitled to primary possession of the child);
- Changes to parental rights and duties;
- Changes to the possession schedule of the child;
- Increasing or decreasing the amount of child support paid for the child; and/or
- Changes to the geographic area the child will reside in.
The best interest of the child is always the primary consideration in Texas family courts. In order to modify an existing court order, there must be a material and substantial change in the circumstances of the parties and the children. This burden of proof was created to prevent the constant re-litigation of cases involving children. However, once this threshold is met, the courts consider various factors in determining whether to modify an existing court order including the child’s best interests.
At Duffee + Eitzen LLP, our family law attorneys are experienced enough to understand the legal issues surrounding modifications. We are able to offer various methods of resolving issues including settlement negotiation and mediation, but we are also able to provide aggressive litigation, should that become necessary. We take the time to understand the uniqueness of each case and client and we work together as a team to craft creative solutions to best meet our client’s needs.