Modifying Your Child Custody or Support Order

How to Modify Your Child Custody or Support Order in Texas and Arkansas

Life circumstances change, and when they do, a child custody or support order may no longer reflect what is in the best interest of the child. Whether a parent has moved, lost a job, or experienced a significant change in income, courts in Texas and Arkansas allow modifications under specific circumstances. This article outlines the laws governing custody and support modifications in both states, provides supporting statutes, and offers a step-by-step guide on how to navigate the process.

Texas Child Custody and Support Modification

Under Texas Family Code § 156.101, a custody or support order can be modified if:

• There has been a material and substantial change in circumstances affecting the child or a parent.

• The child is at least 12 years old and expresses a preference to the judge regarding the primary custodian.

• The custodial parent has voluntarily relinquished the child to another person for at least six months.

For child support modifications, Texas Family Code § 156.401 allows changes if:

• The circumstances of the child or parent have significantly changed.

• Three years have passed since the last order, and the amount that would be awarded under current guidelines differs by 20% or $100 from the existing order.

Additionally, under Texas Family Code § 156.102, in most cases, a person must wait at least a year before asking the court to change the primary custody of the child. However, exceptions exist if:

• The person filing has primary custody.

• Both parents agree to the changes.

• The child’s environment may “endanger the child's physical health or significantly impair the child's emotional development.”

• The person with primary custody has allowed someone else to have primary custody & possession for at least six months.

Steps to Modify a Custody or Support Order in Texas

1. File a Petition: Submit a petition to modify the existing order in the same court that issued the original order.

2. Provide Evidence: Present documentation supporting the change in circumstances (e.g., financial records, proof of relocation, school records, or evidence of neglect or abuse).

3. Serve the Other Party: The other parent must be formally notified and given an opportunity to respond.

4. Attend Mediation (If Required): Some courts require parents to attempt mediation before proceeding to trial.

5. Court Hearing: If an agreement is not reached, a judge will review the case and determine whether modification is in the child's best interest.

6. Final Order: If approved, the judge will issue a new custody or support order.

Arkansas Child Custody and Support Modification

Under Arkansas Code § 9-13-101, a court may modify custody if:

• There has been a material change in circumstances since the last order.

• The modification is in the best interest of the child.

For child support modifications, Arkansas Code § 9-12-312 states that changes can be made if:

• The financial circumstances of either parent have significantly changed.

• The modification follows the most current child support guidelines.

• Three years have passed since the last order, and the support amount varies by at least 20% from the original amount.

Steps to Modify a Custody or Support Order in Arkansas

1. File a Motion to Modify: Submit a motion to the court that issued the original order.

2. Gather Supporting Evidence: Show proof of a significant change in circumstances, such as medical records, job loss documentation, or a child’s school performance records.

3. Serve the Other Parent: Notify the other party and allow them time to respond.

4. Attend Mediation (If Required): Some courts require mediation before proceeding.

5. Attend a Court Hearing: If no agreement is reached, a judge will evaluate the request based on the child’s best interests.

6. Judge’s Decision and Final Order: If the judge approves the modification, a new order will be issued.

When Is the Right Time to Modify Custody or Support?

You should consider filing for a modification when:

• A parent has relocated, making the current custody arrangement unworkable.

• One parent is not following the current custody order.

• There is a significant increase or decrease in income, affecting child support payments.

• The child’s needs have changed due to health, education, or emotional development.

• The custodial parent is engaging in harmful behavior, such as neglect or substance abuse.

Time Frame for Modifications

The time frame for modifying a child custody or support order varies based on the complexity of the case:

• Uncontested Cases: If both parents agree, modifications can be approved within a few months.

• Contested Cases: If the case requires litigation, it can take several months to a year or more.

Conclusion

Modifying a child custody or support order in Texas or Arkansas requires proving a material change in circumstances and demonstrating that the modification is in the best interest of the child. By following the proper legal procedures and providing supporting evidence, parents can navigate this process effectively. Seeking legal support can help ensure a smoother and more successful modification. We are here to empower you with legal knowledge and action.