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Dallas Modifications Lawyers

Understanding Court Order Modifications in Texas

Families evolve, grow and change, long after a divorce is completed. People change jobs, even careers. Children grow older and have different needs. Situations present themselves that were entirely unforeseeable at the time of a judgment.

Fortunately, the court allows modifications to orders that can reflect the changes and transitions a family may experience over time.

Our Dallas modification attorneys can help you receive an updated court order reflecting your current circumstances more accurately.

Contact us online or via phone at (214) 225-6766 to schedule a consultation with our team.

How to Modify Child Custody or Support Orders in Texas

In Texas, individuals who wish to file for an order modification have two options:

File for an uncontested order modification. In an uncontested order modification, the parties agree on the need for a modification and agree on how to modify a custody or support order. If both parties agree on terms for a modification and sign the appropriate forms, it may only take a court days to approve a modification order.
File for a contested order modification. If the parties disagree on the need for a modification, one party (the petitioner) must file an order modification case with the court. The parties can then appear in court to present their cases and defend why an order modification is necessary or unnecessary.

A child's parents (as listed on their birth certificate) can file for a modification case. Additionally, other parties with a certain relationship to the child (such as a conservator, caretaker for six months or more, and familial relations) can also file a modification case. If you're not sure whether you meet the criteria to file for an order modification, speak with a Dallas modifications lawyer.

To change a child or medical support order, the party filing for modification must prove that one of the following has occurred:

The circumstances of a party involved in the order have materially and substantially changed. This may include one party losing their job or gaining new employment, a child adopting new medical support requirements, and more.
The original order was created at least three years ago, and changing the order to reflect the party's current circumstances would adjust the current amount of child or medical support by at least 20% or $100.

To change a custody or visitation order, the party filing for modification must prove that one of the following has occurred:

The circumstances of a party involved in the order have materially or substantially changed since the court implemented it.
The child is at least 12 years old and personally testifies to the judge that changing the order would suit their best interests.
The party with primary custody fails in their parental duty or allows another party to have care and possession of the child for at least six months.

In an order modification case involving a child, the court will always prioritize the child's best interests above all else.

To schedule a consultation with our team, contact us online or via phone at (214) 225-6766.

Modifying Alimony Orders in Texas: What You Need to Know

The guidelines for modifying an alimony order follow the guidelines for changing a support or custody order.

The party that wishes to file for the order must prove that one of the parties involved in the order experienced a significant and material change in circumstances or that modifying the order would significantly adjust the alimony amount.

However, alimony order modifications don't involve any children. Instead of prioritizing the child's best interests, the court can instead focus on the details of the parties involved in the order and use that information to determine whether modifying the order is necessary.

Regardless of the type of order you wish to modify, having an experienced legal representative at your side is vital if you want to obtain optimal results.

Because every one of our partners at Mueller Family Law Group belongs to the Texas Academy of Family Law Specialists, we have an unparalleled breadth of experience and knowledge.

By partnering directly with you, our family law lawyers can help you understand your rights concerning modifications. Once we determine the best method of obtaining the best possible resolution, we will bring our comprehensive knowledge to help your family transition to a place of greater wellbeing.

modification FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 214-225-6766 today!

How long does a modification case usually take in Dallas County?

The timeline for a modification case depends on whether it is contested and how complex the issues are. Uncontested matters, where everyone has signed the necessary paperwork, may be finalized in a few weeks once the case is filed and a brief hearing is set on the Dallas County family court docket. Contested cases take longer because each side may conduct discovery, attend mediation, and appear for one or more hearings before a final ruling is made. We walk clients through expected timing based on the specific court where their case is filed so they can plan for work, childcare, and other responsibilities.
Do I have to go back to the same court that issued my original order?

Most modification cases are filed in the same court that signed your original divorce decree or custody order, which is often a Dallas County family district court if your case was handled in this area. In some situations, such as when a child has lived in another Texas county for a significant period, the case may be transferred to that new county. Before filing, we review your existing orders and residence history to confirm where jurisdiction is proper so your request is not delayed or rejected on procedural grounds.
Can we resolve a modification without a full trial?

Many families are able to resolve their modification through negotiation or mediation instead of a contested trial. In Dallas, judges often encourage parties to attend mediation before a final hearing so they have more control over the outcome and can craft creative schedules or financial arrangements that fit their lives. If an agreement is reached, it can be presented to the court for approval and entry as a new order. When settlement is not possible, we are prepared to present your case clearly and thoroughly so the court has the information it needs to decide.

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