Court Order Modification Attorneys Serving Collin, Dallas, and Denton Counties
Court orders issued during a divorce or custody case reflect the circumstances at that moment in time. When those circumstances change significantly, the order can and often should change with them.
At Hanshaw Kennedy Hafen, we help clients seek and defend modifications to custody, possession, and child support orders across Collin, Dallas, and Denton counties. Whether you are the parent requesting the change or the one responding to a modification filed against you, we build a clear strategy around the facts of your situation and what the court will need to see. If you need a custody modification attorney in Collin County, TX, a child support modification attorney in Frisco, or a modification attorney in North Dallas, we are here to help.
What Qualifies as a Material and Substantial Change?
To modify a custody, possession, or child support order in Texas, the court must find that there has been a material and substantial change in circumstances since the original order was entered. That standard is not rigidly defined, which means how your facts are presented matters significantly.
Common circumstances that courts have recognized as material and substantial changes include:
- A parent relocating or planning to relocate.
- A significant increase or decrease in either parent’s income.
- A change in the child’s needs, health, or school situation.
- Remarriage or a new household situation that affects the child.
- Evidence of family violence, abuse, neglect, or substance use.
- A parent consistently failing to follow the existing order.
- The child’s own stated preferences, depending on their age and maturity.
This list is not exhaustive. If your circumstances have shifted in a meaningful way, it is worth speaking with an attorney to evaluate whether a modification is viable.
Custody and Possession Modifications
Modifications to conservatorship and possession schedules are among the most common post-divorce proceedings. A parent may seek a possession order modification in Texas to change who has primary custody, adjust the possession schedule, or address a situation that is no longer working for the child.
The court’s analysis in a custody modification centers on two questions: has there been a material and substantial change in circumstances, and is the requested modification in the best interest of the child? Both must be satisfied for the court to grant the change.
One important exception applies when a child is 12 years or older. In Texas, a child of at least 12 years of age can sign a statement expressing a preference for which parent they want to live with primarily. The court will consider this preference, though it is not binding on the judge. If you need to modify a custody order in Texas, our custody modification attorney in McKinney, TX can guide you through the process.
Child Support Modifications
Child support can be modified when there has been a material and substantial change in circumstances or when three years have passed since the last order was entered and the current amount differs by either 20% or $100 per month from what the guidelines would produce today.
Common reasons parents seek a child support modification include:
- Job loss or a significant reduction in income.
- A substantial increase in income for the paying parent.
- A change in the child’s medical needs or insurance situation
- A change in the custody or possession arrangement that affects support obligations.
If your financial situation has changed, do not simply stop paying or reduce payments on your own. That will result in arrears accumulating with interest and can lead to enforcement action. File for a modification as soon as possible and let the court adjust the order prospectively.
Defending Against a Modification
If the other parent has filed a modification against you, you have the right to contest it. Not every request for modification meets the legal standard, and not every proposed change is actually in the best interest of the child. Our attorneys evaluate the merits of the opposing party’s claim, identify weaknesses in their argument, and present the strongest available case for maintaining the current order or reaching a different outcome than what is being requested.
Frequently Asked Questions
You file a Petition to Modify the Parent-Child Relationship in the court that issued the original order, or in the county where the child has lived for the past six months if jurisdiction has transferred. You must allege a material and substantial change in circumstances and demonstrate that the modification is in the child’s best interest. The other parent will be served and given the opportunity to respond. The case may proceed through mediation or to a hearing before a judge.
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