Winning a custody modification case requires compelling evidence showing a substantial change in circumstances and that the modification serves the child's best interests.
In general, the Texas Family Code provides that any final court orders affecting the parent-child relationship may be modified, if warranted. To justify a modification of the original court order, there must be a determination of a material and substantial change in circumstances by the judge.
If you have been served with modification papers and want to have a say in the case, you must file (turn in) a Respondent's Original Answer form with the court. If you don't, the petitioner may finish the modification without you. Get answer forms in the Instructions & Forms section of this guide.
You can modify a parenting plan without going to court if both parents agree on the changes. Proper documentation and submission to the court are key to ensuring the modifications are legally binding. Mediation and collaborative law provide effective alternatives to court battles.
Procedures: Please e-file all appropriate documents for your case with the Bexar County Probate Clerk's office, including Proposed Orders, Judgments, Affidavits of Heirship, and Proof of Death for review.
You must file a SAPCR case in the Texas county where the child lives. Usually, you file in district court, although some Texas counties have courts called “statutory family courts” and “county courts at law” which might be the right venue. If you are not sure, talk to a lawyer who practices law in that county.
You can also contact the Vital Statistics Unit at (512) 776-7111. You can file a SAPCR case in Texas if: the child has lived in Texas for at least the last 6 months (or since birth) or. Texas was the child's home state and the child has been gone less than 6 months.
To file a motion for enforcement in Texas, gather evidence of non-compliance, draft the motion detailing the violations, file it with the court, and serve the other party.
You can get temporary custody forms in Texas from the Courts, which your lawyer can help you properly fill out. You'll need to file those forms with the Court in the county where your child lives. Make sure you bring originals of any documents you include in your petition, as well as a few copies.