Bastrop, TX Modification Lawyers

HEMBREE BELL LAW FIRM

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When you finalized your divorce or custody case, the agreements you and your spouse reached were intended to remain in place for the foreseeable future, or at least until your kids turn 18. However, as children grow and circumstances change, agreements made when they were very young may no longer suit your family’s current needs.

Because the Texas family courts prioritize the best interests of the child, they recognize that a modification might be a necessary step in order to ensure that custody, visitation, and support arrangements reflect that. Modifications are one of the most challenging processes you can go through in the family court, but our skilled Bastrop modification lawyers are here to support you every step of the way.

We’ll put you in the best possible position for obtaining the changes you’re seeking so that you can provide a stable, nurturing environment for your kids. We have decades of collective experience, so we know what elements go into building a strong modification case. Get peace of mind today! Call to book your free case evaluation and take the next step.

What Are The Most Common Reasons Families Seek Modifications?

The Texas courts are incredibly rigid when it comes to modifying custody or visitation agreements. The law states that only those families who have faced “material and substantial” changes are eligible to seek modifications, but unfortunately, there isn’t a clear definition of what that means. However, we commonly see the court approve modifications when:

  • One parent experiences a change in employment or income

  • One parent relocates

  • The child’s health, education, or other general needs change

  • Changes in living situation occur (such as one parent remarrying or cohabitating with a significant other)

  • One parent displays harmful behavior (such as substance abuse, neglect, or violence)

  • And more.

When it comes to child support, modifications may be requested if more than three years have passed since the order was established or last modified, and the current support amount differs by at least 20% or $100 from what would be awarded under Texas child support guidelines.

Our Bastrop modification lawyers can discuss your case more in-depth with you to give you our professional opinion regarding whether your circumstances qualify as a material and substantial change that would warrant a modification in the eyes of the court.

What Does The Modification Process Entail?

When you decide to initiate a modification case, you must begin by petitioning the court that issued the original order. Next, you’ll have to have the other party served with the paperwork to ensure they are formally notified of the request.

Depending on how receptive your co-parent is to the changes you’re seeking and the level of cooperation you have, it may be possible that you can reach a new agreement in mediation. This can be a cordial and cost-effective way to settle your disputes with the help of a neutral third-party mediator who can facilitate cooperative discussion between the two of you.

However, if your co-parent is not in favor of modifying your agreement or mediation isn’t successful, the court will ultimately have to make the final decision based on what’s in the best interests of the children.

Whether you’re able to work together to reach an agreement or you have to resort to court intervention, our Bastrop modification lawyers will work closely with you to protect your rights and best interests. We have extensive experience in both mediation and litigation, so you can move forward with confidence with the Hembree Bell team in your corner.

Steps You Can Take To Strengthen Your Case

  • Keep detailed records and gather documentation that reinforces your modification request, as our Bastrop modification lawyers can use this to build a compelling case on your behalf

  • Don’t wait to file your case; take action as soon as a significant change occurs, or else you minimize your chances of obtaining the results you want

  • Maintain open and respectful communication with the other party as much as possible, as it may make working toward an agreement easier for all involved

  • Make sure you follow the proper legal procedures and keep track of deadlines

  • Spend time truly evaluating whether the modification you’re seeking is truly in the best interests of your kids; self-serving modification requests will likely not be successful

  • Continue to follow the current agreement or court orders until a modification is granted

When A Change In Circumstance Warrants A Change In Your Agreements, Turn To Hembree Bell Law Firm. Reach Out To Our Team Today!

We’re dedicated to putting your family in a position to thrive. We’ll help you remove the roadblocks keeping you from living your fullest lives by putting you in the best position for being granted the modification you’re seeking. Our Bastrop modification lawyers are knowledgeable, capable, and easily accessible. Call today to book your initial case evaluation and learn more about what comes next.

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Frequently Asked Questions About Modifications In Bastrop, TX

Can modifications be temporary?

Yes, temporary modifications can be granted in certain cases, such as when a parent’s circumstances are expected to change in the near future (for example, a temporary job relocation).

How long does the modification process take in Texas?

Each case is different, and the timeline will vary based on the complexity of your case and whether the modification is agreed upon or contested. Simple cases may take a few months, while contested cases can take longer.

My co-parent does not follow our current custody agreement and often misses their parenting time. Is this a good reason for seeking a modification for full custody?

The court views parenting time as a right, not an obligation. So unfortunately, if the other parent misses their scheduled time, it does not automatically mean you will gain full custody. Consistently missed scheduled parenting time can be used as evidence to support a future custody modification case. If the other parent repeatedly fails to engage in your child’s life, this behavior may provide valid grounds for seeking a change to the custody arrangement.

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