Divorce Modification With Child In Texas
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FAQ
Mothers and fathers have the same rights under the law. If parents divorce, the law presumes that the parents should be "joint managing conservators." This means that they would share decision-making responsibilities about a child. It does not necessarily mean that their time would be evenly split between parents.
What is a wife entitled to in divorce in Texas? In Texas, all property that either spouse acquired during the marriage is subject to a just and equitable division. This usually equates to an equal split, but the Judge retains the ability to split property as they see fit based on the available evidence.
Texas courts try to award joint custody when possible. Joint custody means that the child spends some time with each parent. Although courts favor these arrangements, if one parent is abusive or neglectful, the court can award sole custody to the other parent.
Unfortunately the likelihood of getting a Court to order a 50/50 possession schedule are slim. In my experience Judges tend to follow the Texas Family code and order a standard or extended standard possession schedule, It is your election. Typically you only get a 50/50 order if the other party agrees.
The three grounds for modification of custody in Texas include: A material or substantial change in a child or parent's circumstances; A child expressing his or her preference to the court (as long as he or she is at least 12 years old), where a child wants to live with noncustodial parent in Texas; or.
To win a child support modification case in Texas, gather substantial evidence of the change in circumstances, such as income changes, custody modifications, or changes in the child's needs. Documentation and legal guidance are crucial.
In Texas, there is a 60-day waiting period for divorce, so the fastest a divorce can be finalized is 61 days. However, most cases take several months to a year, especially if there are children involved.
A divorce decree can be modified to a certain degree after it is finalized regarding factors like custody arrangements and spousal support payments. A divorce decree can be modified as to the above terms by either a mutual agreement between you and your ex or a change of circumstances.
For most parents obtaining a new order that modifies your support may take at least 6 months. Please review the modification steps below and quickly respond to any requested information from our office to help speed up the process.
