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Help! I Don't Like My Court Order!

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How Do You Modify a Court Order?

You may be able to modify a final or temporary court order that provides for the conservatorship, support, or possession of or and access to a child if you meet certain requirements set forth in the Texas Family Code. It is important to know that in Texas, the overriding principle used in all cases involving children is a “best interests” standard.

First, your attorney will want to know which court has continuing, exclusive jurisdiction of your case. Even if your orders are from a different county or state, your attorney can utilize various procedures, such as registering a foreign or out of state order, or transferring an order from another Texas county to the county where the child now resides, that will allow prior orders to be modified. Sometimes this process can be complex, so your attorney will need to review your individual circumstance and your specific court order to determine this first step.

Next, your attorney will want to know the reason why you would like to seek a change to your current court order. Generally, there must be a “material change in circumstance” that would allow you to bring a modification proceeding. Simply “not liking your orders” or “wishing the order was different” is not enough. Over the course of many years, case law has directed what types of changes would meet the criteria for a “material and substantial” change.

If you have any questions about modifying your prior court order, the attorneys at Justice Law Firm, PC would be happy to consult with you to assist you in determining your best course of action.

At the Justice Law Firm, you will find experienced and professional attorneys.