Help With Post-Decree Modifications

Without qualified legal counsel, your legal interests can be signed away with the stroke of a pen. Whether you are seeking or challenging a post-decree modification of a court order relating to child custody or child support, contact our family law attorneys immediately to protect your rights and discuss your situation.

Aggressive Representation In Modifying Court Orders

The Frisco, Texas, law firm of Pfister, Borserine & Associates offers aggressive, knowledgeable representation.

We can help you in any lawsuit where you are seeking or you are defending a lawsuit seeking:

  • Change custody orders
  • Child support changes
  • Change visitation/parenting schedules
  • Relocate the children outside of domicile area

Out-Of-State Modifications

The issuing court located outside Texas has exclusive jurisdiction over a support or custody order if either parent or the child continues to reside in that state. If another state has jurisdiction, then, that state must waive jurisdiction for a Texas court to modify the orders. If neither parent or the child resides in the state that issued the order, then Texas can modify the custody order once the child has resided in Texas for six months. We frequently represent clients in out-of-state orders (e.g., a parent who moves to Texas after divorce, or a Texas parent moving to another state).

Modification Due To Substantial Change

To modify a custody order, Texas law requires that the Court find a material and substantial change and that the requested change is in the best interest of the child. There is no clear definition of material and substantial change but among some of the changes are changes in the relationship with the children; changes in the parent's home effecting the children; changes in a parent's work hours that substantial changes that parent's time with the children, negative behavior of the parent that effects the child – such as excessive alcohol use or illegal drug use. Sometimes, even the child's desires can be the basis for the modification.

In addition to showing a material and substantial change, the Court must find that the requested modification is in the child's best interest. This is a wide open test that looks at the overall situation to determine if what one party is seeking is actually best for that child. For example, just because a child wants to go live with the other parent, a court may determine that it is not best for the child for any number of reasons.

Child Support Modification

To modify a child support order, Texas law requires that there be at least three years since the last order or that there be at least a $100 a month difference between the new support and current support amount. Child support is based on gross income of the noncustodial parent. We make sure that all sources of income are accurately reflected, such as income claimed by owners of closely held businesses.

Our experienced family law lawyers will work to find an out-of-court solution or defend your interests in court. Contact John J. Pfister, Jr., Charity Borserine at 972-712-6700 for an evaluation of your case. Or fill out this online form and we will contact you. We serve clients of Collin County, Denton County and the North Dallas area.