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Divorce Modifications

If you've already been through a divorce, especially if children are/were involved, you need to know immediately that the tenets of your divorce decree are not necessarily set in stone. The court system understands that circumstances can change, but in order to have your situation reflect those changes, you need to work with a Spring divorce modifications lawyer to make sure that you are following the intricate set of requirements to legally record these changes. Smith & Garg is a law firm with a team of Spring divorce modifications lawyers who understand the realities of life, and we'll work with you to make sure that your rights are protected.

For example, when a divorce with children is finalized, the court will establish a form of custody, and that usually involves one parent giving the other parent primary custody and the other visitation rights. However, joint custody arrangements are possible, but regardless, if one party or the other is planning to move, you need the help of a Spring divorce modifications lawyer to make sure that you're not found in contempt of court for violating the divorce decree.  Once again, if you're going to move for a valid reason that will obviously affect the ability of both parents to see the children. Before packing up and moving, you need to be sure that the court is aware of your plans and that a modified order can be entered. If you experience a job loss or some other circumstance that cuts into your ability to provide child support, you need to act immediately to modify the support order, as a delinquency on child support can lead to your arrest.

With regards to grounds for modifications, the court may modify an order that provides for the appointment of a conservator of a child, the terms and conditions of a conservatorship, or the terms governing possession of or access to a child, if modification would be in the best interest of the child, and one of the following three tests are met:

1. The circumstances of the child, conservator, or other party affected by the order have materially and substantially changed since the date the order was entered;
2. The child is at least 12 years old and has filed with the court the name of the person who the child prefers to have the exclusive right to determine the child’s primary residence; or
3. The parent or conservator who has the right to establish the child’s primary residence has voluntarily relinquished the primary care and possession of the child for at least six months.

There are other issues that could lead to the need for a modification of the divorce decree, but you need to contact the Spring divorce modifications lawyers at Smith & Garg immediately to make sure that you're not bringing undue scrutiny upon yourself by simply acting without legal advice.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.