Recently, I was able to help a client change the custody arrangements he had in his divorce decree to a new custody arrangement that gave him much more time with his daughter. Not only were we able to get the client more time with his daughter than he had in his divorce decree, we were also able to decrease the client’s child support based upon the greater amount of time he was spending with his daughter.
In order to modify any custody arrangement in Texas, the person requesting the modification must show that there has been a material and substantial change in circumstances. The circumstances can be that of either parent or even the child. The most common circumstances that the Court sees are changes in employment that result in either greater or lesser pay than at the time of the last order. People also relocate which can result in more or less time with the child then the circumstances at the time of the prior order. When it comes to evidence that the Court may consider, the Court may only consider evidence from the date of the last order to present. Anything that happened prior to or during a divorce for instance, is not admissible evidence in a modification in Texas.
At the conclusion of the client’s modification action, I received a very kind note from the client regarding the changes in his life and the life of his daughter.
“Katie,
I wanted to thank you for all your assistance in getting this modification
finalized. I know it was not an easy road, but it worked out. I think
you are a very good attorney and wish you all the best. The girls are
much happier now that they see me on a regular basis.”
Thanks,
J.A.”