Modification of Court Orders

Modification is the most discussed, controversial, and highly litigated aspect of sole and joint managing conservatorships, possessory conservatorships, and child support.

The court may modify an order that designates a sole managing conservator of a child any age if 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 of the rendition of the order; and, the appointment of the new sole managing conservator would be a positive improvement for the child. The court may modify an order that designates a sole managing conservator of a child at least 12 years of age if the child has filed with the court in writing the name of the person who is the child's choice for managing conservator, and the court finds that the appointment of the named person is in the best interest of the child. If the attempt to modify a sole managing conservatorship occurs within one year of the date of the rendition of the order, the person filing the suit must attach an affidavit showing the child's present environment may endanger the child's physical health or significantly impair the child's emotional development, that a change is in the best interest of the child, or that the previous sole managing conservator of the child has relinquished the sole managing conservatorship and the modification is in the best interest of the child.

The court may modify an order that designates a sole managing conservator if a parent of the child requests appointment as a joint managing conservator and the court finds that the circumstances of the child or the sole managing conservator have materially and substantially changed since the rendition of the order, retention of a sole managing conservatorship would be detrimental to the welfare of the child, and the appointment of the parent as a joint managing conservator would be a positive improvement for and in the best interest of the child.

The court may modify the terms and conditions of a joint conservatorship if the circumstances of the child or of one or both of the joint managing conservators have materially and substantially changed since the rendition of the order, or the order has become unworkable or inappropriate under existing circumstances, and a modification of the terms and conditions of the order would be a positive improvement for and in the best interest of the child.

The court may modify an order that provides for the support of a child if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition, or 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% or $100 from the amount that would be awarded in accordance with the child support guidelines. A support order may be modified only as to obligations accruing after the earlier of the date of service of citation or an appearance in the suit to modify.

The Law Offices of Thomas A. Martin represents clients throughout Southeast Texas, including the cities of Houston, Galveston, Memorial, River Oaks, West University, Clear Lake, League City, Sugar Land, Pearland, Beaumont, Hempstead, Katy, Conroe, and all the communities in Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, and Waller County.