When it Comes to a Custody Agreement, is the Final Order Really Final?
The answer really is “Not Really!” In a perfect world, parents and their attorneys could predict every possible problem that might arise. “Child Custody – I want a Modification Now” can sneak up on just about any parent. Unfortunately, no crystal ball exists when it comes to custody. Experienced lawyers, such as those at C. E. Schmidt & Associates, PLLC understand what arrangements minimize the need for a later modifications. Also, the Judges in Harris County and Fort Bend County attempt to help individuals craft an order that will last long after the final agreement is reached. Many Judges wish to avoid seeing a set of parents quickly returning to the Courtroom. However, no one can predict all changes that may occur.
Most commonly, a sudden, serious health condition, having to find a new job, the child developing significant emotional issues, and parents’ new marriage partners may all introduce “a material and substantial change” to the family dynamic. In order to consider modification, the Texas Family Code requires “a material and substantial change” — AND if the change in circumstances was one that the parties recognized during the original order’s negotiating process, the Court may determine that the change does not rise to the level necessary to modify.
The changes that a modified order might remedy include:
- change of custody – sole managing to joint managing conservatorship;
- change of the child support amount;
- changing the child’s visitation schedule.
Since 1980, the attorneys at C.E. Schmidt & Associates, PLLC have navigated the treacherous waters found in the modification process. Experience, compassion, passion, and the ability to zealously advocate for clients matter. Child Custody – I want a modification now requires seasoned representation!
Call for a free consultation today (281) 550-6650