While court orders are legally binding, you also have the right to request a modification of a family court order if you meet the eligibility requirements. Whether you seek to modify a child custody order, child support order, or some other family court order, the Law Office of Michael Muñoz can help you build a strong case with the court. Attorney Michael Muñoz has a depth of experience with the local courts and has been to law school with some of the local judges. He is more than prepared to handle your modification request and can guide you efficiently through the legal process.
Schedule a free initial consultation with the Law Office of Michael Muñoz today to get started. Supporting parents and families in Tarrant County & Dallas-Fort Worth.
Modifying Managing & Possessory Conservatorship & Child Support
The court will only approve a modification request if the change meets the child’s best interests and one of the following is true:
- the circumstances of the child have materially and substantially changed since the date of the current order or the date of signing a settlement agreement (whichever is earlier);
- the child is at least 12 years old and has expressed a preference to the court as to who should have the exclusive right to designate their primary residence; or
- the conservator who currently designates the child’s primary residence has voluntarily relinquished the primary care and possession of the child to another person for at least six months.
Similar circumstances must be met for child support modifications. For example, if the non-custodial parent has recently been laid off from their job, they may be unable to meet the child support obligation and are entitled to a change.
The modification process will vary based on whether the case is uncontested or contested.
A custody or child support modification request is uncontested if:
- It can be finished by agreement: Both parents mutually agree about all the issues to be changed and are both willing to sign the modification suit forms.
- It can be finished by default: The other parent is served papers about the modification request and does not file an answer or appear in court.
The modification case is contested if the other parent files an answer to the notice about modification and refuses to sign the “Order Modifying the Parent-Child Relationship” (or equivalent for child support). The modification request must then proceed to a final hearing, where both parents will have the chance to present their case.
The same procedure applies to temporary family court orders. A parent or spouse interested in modifying a temporary family court order while a divorce is pending should file a formal modification request with the court to make a change.
Modifying Protective Orders
Protective orders are also eligible for modification. To add specific protection to an existing protective order or to take something out of the order, the petitioner can file a modification request. Keep in mind that the abuser can also request to modify the order. In both cases, though, the judge will hold a hearing to decide what changes to make.
Individuals protected by an order may also renew or extend their protective order if the abuser violated any terms of the order or has done something new to threaten the safety of the petitioner.
If you are looking to modify an existing court order, reach out to the Law Office of Michael Muñoz for legal assistance. Attorney Muñoz can help you gather the necessary evidence and documents to apply for a modification and build a strong case for why you and your child need this modification. The courts don’t automatically approve all modification requests, so it is in your bests interests to work with an attorney who understands how the local courts think. Attorney Muñoz has been advocating for clients in Mansfield for years, and he has the professional skills and local experience you need for your modification petition.
Schedule a free initial consultation with the Law Office of Michael Muñoz to get started on your petition.