If the circumstances of one of the parents or child change in the future, the Court may modify the possession order, conservatorship and/or child support.
What if I need to change my child support?
The amount of child support may be changed at a later date if the circumstances of the parents or children have changed. To change a child support order it is necessary to file a lawsuit called a Motion to Modify. The legal standard for the Court to modify child support is met when there has been a "material and substantial" change in the circumstances of the child, one of the parents or it has been three years since the last child support order or agreement to pay child support and child support would increase or decrease by $100 or 20%, whichever is less.
What if I need to change conservatorship or possession and access?
The Court may change conservatorship of the parents after an initial divorce decree or child custody order. The standard of proof is that there is a "material and substantial" change in the circumstance s of the child or parents. This is a very broad standard and allows the Court to take into account an infinite number of circumstances in deciding whether to change conservatorship or possession and access.
Can my children decide where they want to live?
When children reach the age of 12, the law allows them to express an opinion about which parent they want to live with, however, it is not binding on the Court. Be advised that involving children in a divorce or putting them in the position of having to choose between their parents can have serious adverse consequences on their long term well being.
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From my office in Austin, I provide legal advice and representation for clients throughout Travis County, Williamson County and Hays County, Texas. To arrange an initial consultation with an experienced Austin child custody lawyer, call my office at 512-708-0947 or contact me by e-mail.
