Modification
FOR A VARIETY OF REASONS, PARENTS CHOOSE TO FILE A PETITION TO MODIFY THE PARENT-CHILD RELATIONSHIP
It is normal for your children and family to out grow the Court’s order, that was rendered years ago. Maybe when your children were little, it made sense for the them to live one week with you and one with their other parent. But now, the children are in school and it is not working. Perhaps when you finalized things several years ago, your spouse did not earn as much and now they have been promoted. Conversely, you may havelost your high-paying job and now have less money to pay child support.
MODIFICATION OF CHILD SUPPORT
The Court may modify an order that provides for child support, including for medical support, if (1) the circumstances of the child or a person affected by the order to be modified have materially and substantially changed since the earlier of the date of the order’s rendition; or (2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
MODIFICATION OF CONSERVATORSHIP OR POSSESSION AND ACCESS
The Court may Modify an Order that provides for the appointment of a conservator, provides the terms and conditions of conservatorship, or provides for possession or access if the modification would be in the best interest of the child and
(1) the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the earlier of the date of the rendition of the order;
(2) the child is at least twelve years of age and has expressed to the court in chambers, as provided by the Family Code, the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child; or
(3) the conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.
In addition to the above, if a suit seeking to modify the designation of the person having the exclusive right to designate the primary residence of the child is filed within one year after the earlier of the date of the rendition of the order the person filing the suit must execute and attach an affidavit that contains, along with supporting facts, at least one of the following allegations:
(1) That the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;
(2) That the person who has the exclusive right to designate the primary residence of the child is the person seeking or consenting to the modification and that the modification is in the best interest of the child; or
(3) That the person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least six months and that the modification is in the best interest of the child.