As children grow, changes occur that may require modifications to an original child custody or child support agreement. These changes often must be approved by the court, even if they seem minor.
Child support orders can be modified if the circumstances of either parent or the child have changed. Child custody orders may be modified if one of three tests is met:
- Changed circumstances — The circumstances of one of the parents or the child must have materially and substantially changed.
- Child's request — The child (generally aged 12 or older) wants to request the change from the court.
- Abandonment or relinquishment — The custodial parent has given the child to the other parent for at least six months.
Changing A Family Law Order
Custody modifications may also be granted by the court, but only if the modification is in the best interest of the child and circumstances have materially and substantially changed. However, special rules have been enacted for military families. Military families may receive temporary orders if the custodial parent is going to be deployed.
Receiving a modification of a final divorce decree can be much more difficult. There are very strict rules regarding what can be modified and when. Whether anything can be done will depend on the facts and circumstances of your case. Time is a critical factor, so be sure to contact our experienced family law lawyer as soon as possible to discuss your options.
Contact A Divorce Modification Attorney In San Marcos
Hiring an experienced lawyer is the safest way to protect your assets, your interests and your child's interests. Our experienced family law lawyers can answer your questions during a consultation. Call 512-212-4916 to schedule an appointment.