Huntsville Modification of Orders Attorney

The Legal Standard: Material and Substantial Change

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To modify most family court orders in Texas, you must demonstrate that a material and substantial change in circumstances has occurred since the original order was entered. Courts look at changes affecting the child, either parent, or the family's circumstances overall. Common qualifying changes include:

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• A significant increase or decrease in either parent's income

• A parent's remarriage or new cohabitation

• A parent's relocation or proposed relocation

• A change in the child's needs — medical, educational, or emotional

• Evidence of family violence, abuse, or neglect

• A parent's failure to follow the existing order

• The child's expressed preference (if 12 years or older)

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Modification of Conservatorship (Custody) - Click here for Blog Post on When to Modify or Enforce Custody Orders

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Changing who has primary custody — or shifting from Joint Managing Conservatorship to Sole Managing Conservatorship — requires meeting the material and substantial change standard and showing that the modification is in the child's best interest. Ryan Putz has litigated custody modification cases in Walker County on both sides and understands what evidence courts find persuasive.

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Modification of Possession and Access

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Even without changing conservatorship, possession schedules can be modified when circumstances have changed. A parent's work schedule change, a child's school transfer, or a significant shift in the child's activities can all support a modification of the possession order.

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Modification of Child Support

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Child support can be modified when either parent's income has changed by 20% or more, or when three years have passed since the last order and the amount would differ by 20% or $100 from what the guidelines would produce today. Ryan Putz handles both upward and downward modifications, ensuring the calculation is accurate and the process is completed correctly.

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Agreed Modifications

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When both parties agree to modify an order, the process is significantly faster and less expensive. Ryan Putz drafts agreed modification orders, ensures they are legally sound and complete, and guides both parties through the court approval process in Walker County.