Many Texas residents may be party to child support and custody orders. Over time, changing circumstances for both parents and the children involved may result in a need to modify the standing orders, and the process for seeking a modification requires filing an action with the courts.
The first step to modification involves filing a petition with the court. The children’s parents and anyone who is affected by the order is eligible to files such a petition. These petitions are typically filed in the office where the original support and custody orders were filed, but in cases where the family has moved to a new county, it may be possible to transfer the case to a new office. After the petition is filed, the other involved parties must be notified.
In cases where all the parties involved in the orders agree to the changes, an Order in Suit to Modify the Parent-Child Relationship must be signed by a judge and the people who are party to the case. This order should include the desired changes, and must be submitted to the clerk’s office. If the order is contested, the case may go to litigation.
Because of the number of different interests involved in child custody and support cases, disputes are not uncommon. However, taking a case for modification of a standing order may be complicated. Working with an attorney who is familiar with family law may provide some benefit to an individual who is seeking a modification. That attorney could provide the client with advice and guidance throughout the proceedings and might be able to offer representation for the client’s interests in court and during negotiations with the other party.
Source: TexasLawHelp.org, “How do I change custody and child support orders? “, January 04, 2015