Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

MODIFICATIONS OF JUDICIAL ORDERS

IN DALLAS FORT WORTH

Our Board Certified Dallas, Plano, and Frisco divorce lawyers file and defend Post Divorce Modifications of family court orders.

TEXAS DIVORCE ATTORNEYS

How Do I Modify a Child Custody Order?


There are two types of child custody orders that are modifiable by a court: i) a final Decree of Divorce if you were married when you had children; or ii) a final order in Suit Affecting Parent-Child Relationship if you were not married when you had children. And to modify that order, you must plead and prove that a material and substantial change has occurred. So, not only must the modification be in the best interest of the child, the circumstances of the child, conservator, or other party to the case have materially and substantially changed since the prior order was signed into place by the court. The Texas Family Code allows for either parent of a child to file for a modification of a previous custody order.


Modification Of Child Custody Order Less Than a Year Old


A party seeking to modify the designation of the person having the exclusive right to designate the primary residence of a child within a year of the last order must file an affidavit attesting in reasonable detail to the material and substantial change of the circumstances of the child, conservator or other party.   Re-litigation of custody cases that are less than a year old have a heightened review standard and are discouraged by the court unless there is a good reason. 


What Is A Material & Substantial Change In Child Custody Cases?


First, the material and substantial change must have occurred after the date of the prior order sought to be modified. A court will not find a "material and substantial change" using information or events that existed prior to the court order being signed. This concept is called "Res Judicata," or a "matter already judged." A circumstance that existed at the time of the prior order will not support a finding of a material change in circumstances. Although not exclusive, the court may consider the following in making its determination that a material and substantial change has occurred: 

 

  • Family violence, or a change in parents' physical, mental, or emotional health;

 

  • Change in the child's physical, mental or emotional health;

 

  • Deficits in the child's educational and social development; 

 

  • A parents ability or inability to care for and supervise a child;

 

  • Employment changes; and

 

  • Change in residence or need to relocate

 

Things that generally do not justify a material and substantial change would include events like remarriage (except to a registered sexual offender), or the religious preference of the other parent that is not otherwise illegal or immoral,  or injuries to a child. The court may modify an order designating a sole managing conservator of a child of any age if: (i) the circumstances of the child, sole managing conservator, possessory conservator, or other party affected by the order have materially and substantially changed since the date the order was rendered; and, (ii) such appointment would be a positive improvement for the child.


Resolving Family Disputes Before They Become A Problem


Our family law attorneys understand that often the best way to resolve a dispute is before it happens or outside of a courtroom; however, when necessary, we know it is important to protect the interests of you and your family. Our attorneys are seasoned trial litigators and will work closely with you to protect your interests and the interests of your family.



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Additional Decree Modification Focus 

How To Qualify For A Child Support Modification? 


Generally, there are two grounds for the modification of the child support amount: (i) has there been a “material and substantial” change in circumstances since the last order (if the motion is filed in less than three years from the last time the court set child support); and (ii) whether it has been three years since the order was last rendered or modified and the monthly child support amount under the order would differ by either 20 percent or $100 from the amount that would be awarded according to the child support guidelines.


In Texas, Can My Child Choose Where He Lives?


In Texas, a child who is at least 12 years of age can confer with a judge as to where they will live, but a judge does not have to follow the child's wishes. A judge is not required to interview the child to confer, even if requested by a party.  However, absent an agreement, if a non-custodial parent or other party takes physical possession of the child for at least six months, the court must, modify the support order upon the motion of that person.


Military Deployments And Child Custody


Courts are very respectful and understanding of our nation’s military service members and their deployments. So while a military deployment or duty would not constitute a “material and substantial change” to modify an existing order, the court may provide a temporary order as needed to ensure the child’s best interests for the duration of the military deployment.

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Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. 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