he majority of divorce lawyers in Houston that handle divorces also handle modifications. The portion of a divorce judgment that is subject to modification is generally the terms in the divorce decree that deal with child custody, child visitation, and child support. Each type of modification case has its own nuances that affects child custody provisions differently. For this blog, I am going to discuss the most traditional type of child custody modification of a divorce decree.

It is common, that after a divorce, that a child will have a desire to go and live with the parent who he or she normally just visits with. Depending on the child’s age, some parents agree to this change without realizing the domino affect it can have. When the child goes to live with the parent who normally has visitation and pays child support, everything changes. The consenting parent no longer receives child support and has to pay 20% or more of income to the other parent. On top of that, the health insurance responsibility also shifts. These financial reasons are why sometimes a parent will agree to a modification and then later reconsider.

If the primary conservator consents, then a parent can file a modification. Yet, there are two other ways to modify the child custody provisions of a divorce decree. If the child goes to live with the other parent for six months, then the agreement of the parties is no longer necessary. And of course, all lawyers who handle modifications know the key phrase in Texas family law for a post divorce decree change, and that is if the circumstances of a child or party have MATERIALLY AND SUBSTANTIALLY CHANGED, then they can file a modification with the Houston Family Law Court that first handled their divorce.