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What is a modification case?

Submitted by greg.housewirth on Fri, 03/11/2011
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Schreier & Housewirth is a husband and file family practice representing the needs of divorce and child custody clients in Fort Worth, Dallas, Weatherford and throughout north Texas. We offer our clients a unique perspective on family law and a focus on practical solutions to difficult problems. For over 20 years, Dallas and Fort Worth divorce and custody clients have turned to the experienced lawyers at Schreier & Housewirth to protect what’s most important to them.

When it comes to your children, is your divorce or custody case ever final? When young children are involved in divorce or custody litigation, things can change over time and the original custody orders may no longer be in the best interest of the child.

At Schreier & Housewirth family law, we help our family law clients modify their custody orders when there has been a change in circumstances. The Texas Family Code provides that a court with continuing, exclusive jurisdiction may modify a prior order that provides for the conservatorship, support, or possession of a child.

In seeking to modify an order for custody of your child, ask yourself, 'since the entry of the original custody order, what has changed about my situation, my spouse's situation, or my child's situation?’ Next, ask whether the modification to the order you are requesting is in the child's best interest.

Here are some examples of situations that call for a modification of your Texas child custody order:

  • A change in circumstances of a parent, for instance unemployment, drug abuse, alcohol abuse, domestic violence;
  • Relocation of a parent beyond the restricted geographic area;
  • Remarriage of a parent;
  • Changes in the child’s behavior or school performance;
  • The failure of a parent to visit the child as ordered;
  • A voluntary surrender of the child by the custodial parent.

If there's been a change of circumstances and your divorce or custody order needs modification, contact us at Schreier & Housewirth for practical legal advice based on years of experience.