Post Divorce Modification
Modification of Final Decree of Divorce Or Existing Orders
If a portion of your divorce decree needs to be modified to reflect changes in child custody, visitation rights or child support agreements, the Van Slyke & Kestler Law Firm is here to help. Modifications to a divorce decree are particularly common if a couple divorces when their children are very young, as the needs of children change as they grow and parents’ schedules shift.
Located in Richmond and Sugar Land, TX, our law office will take the time to meet with you and discuss your specific situation. We’ll then determine how your decree can be modified to ensure that both parties are treated fairly when the changes are made.
Informal Divorce Decree Modifications
The evolving needs of the parents and children may not require a formal modification of the divorce decree. The parents can agree to make changes that are in the best interest of the child, however, these modifications are not legally binding.
If a parent does not feel that the arrangement is fair, they will need to request that the court modify the existing order. The order must be signed by both parties and their attorneys and will be approved or rejected by a judge.
There are some cases when both parents cannot agree to modifications of the divorce decree. When this occurs, they are required to attend mediation and then a hearing to determine what changes should be made.
Jurisdiction For Divorce Decree Modifications
Post divorce modifications can usually only be made by the judge that originally granted the divorce, unless the child has graduated from high school or has moved out of the house. If the child has lived in a different county or state for at least 6 months, the case will probably be transferred there for the court there to make any needed changes.
Proof of Change of Circumstances
Modifying a divorce decree should not be taken lightly. The court will require proof that changes in one or both of the parents’ current circumstances are material and substantial enough to justify modifications. Information that can be provided include:
Proof that the custodial parent is no longer able to care for the child
Proof that living with the custodial parent would be detrimental to the well-being of the child
Proof that a portion or the entirety of the divorce decree has become unworkable due to changes in circumstances
Attorneys Van Slyke and Kestler have dealt with countless families whose circumstances have changed since the initial divorce decree was implemented. He will guide you through your options and use his experience and expertise to help you achieve your objectives. Contact us today to learn more about our services or to schedule a consultation.