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Articles Posted in Modification

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Court of Appeals Finds No Harm In Trial Court Failing to Submit Mother’s Request for Primary Residence of the Children to Jury

When a parent petitions for modification of a Texas custody order, the parties may raise multiple issues.  In a recent case, a mother challenged a modification order, arguing the trial court had erred in not submitting one of her proposed questions to the jury. Original Modification Proceedings The parties had…

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Texas Appeals Court Upholds Custody Order Treating Children Differently

Texas custody cases involving multiple children can be complex, because the children may not have the same needs.  In a recent case, a father challenged a modification that gave the mother rights with regard to the youngest child that he was awarded for the older two children. The parents got…

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Judicial Admissions in Texas Custody Modification Case

Generally, to obtain modification of a Texas custody or child support order, a parent must show that there has been a material and substantial change in circumstances since the prior order.  Texas courts have held that a parent alleging a material and substantial change of circumstances in their counter-petition has…

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Texas Appeals Court Affirms Modification Naming Father Sole Managing Conservator

To modify a Texas custody order, the court must find that there has been a material and substantial change in circumstances and that the modification would be in the children’s best interest.  In a recent case, a mother challenged the court’s finding that it was in the children’s best interest…

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Texas Court Denies Decrease in Child Support After Mother’s Remarriage

It can be difficult to modify a child support order to decrease the child support obligation.  A father recently appealed the denial of his request for a decrease in his above-guideline child support obligation without step-downs.  Generally, a child support order for multiple children will provide for a decrease in…

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Texas Appeals Court Upholds Child Support Modification

Texas family law matters are often complex.  A father recently challenged a modification order changing his child support obligation after a lengthy and somewhat complicated litigation involving the child. The mother petitioned for enforcement of child support and medical support in September 2022, asking the father be held in contempt…

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Texas Appeals Court Affirms Spousal Maintenance Modification

A spouse paying Texas spousal maintenance may seek modification if there has been a material and substantial change in circumstances, which may include significant change in their income.  In a recent case, a former husband challenged a modification award based on the modified amount of maintenance as well as the…

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Texas Appeals Court Affirms Custody Modification Contrary to Child’s Preference

In a Texas nonjury custody proceeding, upon the request of a party or certain other interested individuals, the court must interview a child who is at least 12 years old or may interview a child under 12 in chambers to determine their wishes regarding conservatorship or the person who will…

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Texas Appeals Court Affirms Modification Making Mother Sole Managing Conservator

A parent seeking modification of a Texas custody order must prove a material and substantial change in circumstances has occurred and that the modification would be in the child’s best interest.  Tex. Fam. Code § 156.101.  A father recently appealed an order naming the mother sole managing conservator of their…

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Texas Parent Seeking Modification of Custody Must Meet Burden of Proof When Other Party Defaults

A parent seeking modification of a Texas conservatorship order must show by a preponderance of the evidence that there has been a material and substantial change in circumstances and that the modification would be in the child’s best interest. A Texas appeals court recently held that the parent must meet…

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