February is Great for Family Law Modifications: Addressing Custody and Support Issues (and Summer Camp!)

Updating Our Family Matters Include Modifications in Custody and Support When Necessary 

It is too cold to do much outside for a while, so smart people spend February getting their house in order, and for some people that means getting a modification case moving and correcting problems in co-parenting. In Texas, once your original divorce and custody case is done, your final order is final and if the terms no longer work, the Court must enter a new order but that can only be done with the formal court process which requires a new case filing and the procedure that goes along with it. 

Knowing that a modification is serious business, we need to take a good look at the situation and determine if it is truly ripe for court action. There are all kinds of situations in families as we all grow in our pursuits. It is possible to mediate issues and get a workaround that everyone can agree to, or we can litigate. 

At the Barrows Firm in Southlake, Attorney Leslie Barrows frequently gets questions from people looking to get an order on file to memorialize a new situation that works, when the original order fails. Is it a new person in someone’s life? Is there a new job opportunity affecting co-parenting? Have substance abuse or other problems arisen? 

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Listen to The Barrows Firm Law Review Podcast! 

The February Episode is About These Topics

Modifications for Final Custody and Parenting Orders 

What went wrong? Why can’t these parents get along? Sometimes despite everyone’s best efforts, for whatever reason, we just cannot get on the same page. Maybe there’s a new someone in the background, or parents putting on the pressure; whatever the reason is, a modification can be your solution. 

Material and substantial changes in circumstances must be established for the Court to make changes to final orders. The Texas Family Code lists reasons for modifications. 

Is a Modification Worth A Full Hearing and Court Process

Just as people who were once in love and starting a family, and got a divorce, those co-parents once getting along well, might hit a new impasse. There is a strategy question people must address when deciding whether it makes sense to go back to Court on a child custody modification case; whether the situation is something they would like or something they truly need. 

‍Consider a few scenarios, would you go back to court if: 

• A job requiring a significant move could be one example of a situation that requires going back to Court. 
• Another situation might include one of the parents introducing the children of significant others and a variety of family blending situations. 
• The primary parent develops substance abuse problems and the other parent goes for a modification. 
• Family violence or threats, and other negative and abusive behavior occur and cannot be tolerated without intervention. 

Modifications by Agreement, Saving Time and Money

A conflicted trial before a judge or jury is a significant undertaking. Even a 20-minute hearing, which is often all people have to make their case, can involve significant preparation time and work, witness and evidence preparation, and all the discovery work in the background. This is far from a routine procedure, so many people look for opportunities to accomplish their goals in an informal setting and use mediation and alternative dispute resolution as much as possible. 

Your agreement negotiated on your own can still be filed and received by the Court following the required process and procedure to formalize your new co-parenting plan in an updated order. 

Modifications for Child Support  

The Office of the Texas Attorney General offers information about child support modifications online and details on how to request a review when the child support recipient’s order was established more than three years ago and differs by more than 20% or $100 of the amount that would be awarded by the child support guidelines, or where a material and substantial change in circumstances has occurred since the date of the most recent order.  

We can help you with all your child support questions and needs at the Barrows Firm, where we want people to understand the parameters of the process. The question becomes whether it makes sense to seek a modification of child support now or in the future. 

The April 1st Summer Visitation Deadline 

Non-custodial parents are instructed to determine and notify the primary parent of their choice for summer visitation days, and how they’re going to allocate their extended summer possession with their kids.

If notice isn’t given, the standard default applies. Read about these issues in more detail in our article, Summer Possession: Making Plans and Giving Notice.

Getting Ready for Spring Break and Summer Camps

How to Chose the Best Summer Camp

Kids have all kinds of interests and preferences when it comes to the size of a group environment and location. When you have some time to dig in, there are so many options to choose from and ideas about what to pack in their trunk as the lists allow. Yes, as it sounds, this is a significant operation for anyone involved, and the planning is half the fun. Make it a fun experience for your kid to go experience other friends and fun activities. You might find some camps fill to their capacities quickly and now is the time to get things figured out. Even if you feel behind, you’re not the only one, and if you are spending time in February to look at spring break and summer camp ideas, you’ll be feeling pretty good about yourself. 

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