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Modifications of Court Orders

You may have worked long and hard, and spent lots of money getting a final order in your case. But what happens if something major changes and that order is no longer workable? At The Whitley Law Firm we can help you modify a court order. You need the best San Antonio family law attorney who is skilled in this area of the law, as changing a court order requires that certain conditions be met. In terms of Modifications of Court Orders the court must find that the requested modification is:

  • In the best interest of the child, and;
  • the circumstances of the child and a conservator, or a party affected by the order, have materially and substantially changed since the order was signed by the court.

If the order you wish to modify was signed and ordered by a Judge within the last 12 months, then you must also show one of the following:

  • The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;
  • The person entitled to establish the child’s primary residence is consenting to or bringing the motion for the best interest of the child, or;
  • The person entitled to establish the child’s primary residence has voluntarily given care and possession to another person for at least six months and a change would be in the child’s best interest.

Material and substantial change can be many things. For instance, if you remarry, have a change in residence, a change in medical condition, mental health status, employment, criminal history, or the relationship between the parents is making the current orders unworkable, all of these can be found by the court to constitute a material and substantial change.

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