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Naturally, your child may grow and your lifestyle may change. As such, you have the right to petition for the modification of any court orders you hold to better address these changes. The Law Office of J. Kevin Clark P.C. has extensive experience guiding clients through the Texas family courts, and we have an intimate knowledge of the local county courts. We will put our decades of experience on your side as we evaluate the court order you wish to change and help you build a compelling petition for modification.
Call (817) 241-3328 or contact our firm online for a free consultation to learn more.
In the presence of circumstantial change, you are allowed to petition for the modification of an existing court order, such as a court order for divorce, custody, visitation, or child support. To petition for modification, you will need to fill out a formal modification petition and cite your reasons for adjusting the terms of the original order.
Note that modification petitions will either be uncontested or contested – uncontested suits for modification can be completed by mutual agreement or by default (the other parent does not answer the petition), and contested suits are when the other parent answers that they will not sign onto the modification request. Contested modifications will proceed to a court hearing after 45 days of notice, and an experienced lawyer can better guide you through the process.
Who Can File for Modification of a Court Order?
Either parent can file a modification case. However, those who are not the child’s parent can file a modification case if:
- they are listed as a party in the current order;
- they have had actual care, control, and possession of the child for at least 6 months ending not more than 90 days before the date they file the modification case with the court;
- they have lived with the child and the child’s parent, guardian, or conservator for at least 6 months ending not more than 90 days before the date they file the modification case, and the child’s parent, guardian, or conservator has died;
- they are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece, or nephew and:
- both parents have passed away;
- both parents, the surviving parent, or managing conservator agree; or
- the child’s present circumstances will significantly harm their physical health or emotional development.
Keep in mind that you must file your modification case in the same county the current order was issued.
Let the Law Office of J. Kevin Clark P.C. Explain Your Rights and Options
If you are interested in modifying a court order, consult an experienced modifications attorney at our firm for informed legal guidance. We can make sure you understand your rights to modification and what legal options you have at your disposal. For more specific information on modifying specific types of divorce orders, visit our page on Modifications of Custody and Visitation.
Court orders hold important legal weight and can protect you and your child against certain actions from the other parent in necessary situations. For instance, you could petition to add a geographic restriction in your court order to prevent the other parent from moving your child out of state. Whatever concern you have about your modification request, our law firm can help. We have handled uncontested and contested petitions alike, so we can help handle the legal side of your request for change.
Schedule a free initial consultation with the Law Office of J. Kevin Clark P.C. online or at (817) 241-3328 to get started on your petition.
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Serving clients in Ft. Worth, throughout Tarrant County, and greater Texas.
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Skilled representation across a wide spectrum of divorce and family law matters.
Voted as a "Top Attorney" in Ft Worth Tx: The City's Magazine - by his peers.
Certified in Civil Trial Law by the Texas Board of Legal Specialization since 1987.