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Either parent can file a motion to modify an existing child support order at any time. You should file the motion in the circuit court that issued the child support order. To file your request, review the instructions worksheet, then complete the Motion to Modify Child Support and the necessary Financial Statement.
When attempting to modify existing custody or visitation rights, the child's circumstances or the circumstances of either parent must have materially and substantially changed. In Texas, courts will almost always consider the remarriage of one or both parents to be a material change in circumstances.
To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
The Factors Judges Consider In Child Custody Decisions The child's age and health. The age and health of the child's parents. Whether there are any special needs involved ? again, with either the child or their parents. The home environment of each parent.
To file in person, take your answer (and copies) to the district clerk's office in the county where the petitioner filed for modification of the parent-child relationship. At the clerk's office: Turn in your answer form (and copies).