Modification of Custody

Austin, Texas, Family Lawyer

In Texas, child custody and child support orders can be modified if there is a material and substantial change in circumstances after divorce. Exactly what constitutes a "material and substantial change" is determined by Texas code and case law.

I'm Gregory Hitt, a family law attorney in Austin, Texas. I help people in Travis, Williamson, Hays and Bastrop counties obtain modifications to child custody and child support agreements. I can also help you protect your rights under an existing child support or child custody agreement.

When child support can be modified

The parent who pays child support can seek to reduce those payments if he or she loses their job or is forced to take a lower-paying job.

The parent who receives child support can seek to increase those payments if the payor's income increases.

When child custody and visitation can be modified

Primary residential custody, visitation and decision-making rights may be changed if there is significant change in the circumstances of either parent or the child. Whether to grant a requested change is up to the judge in the case, but the following can be reasons for seeking a change:

• If a parent engages in bad behavior such as using drugs
• If a parent becomes uninvolved or totally absent
• If a parent is oppositional or the parents are unable to reach decisions
• Relocations that would affect a parent's visitation rights might require a modification of the child custody and visitation agreement.

Contact me, lawyer Gregory Hitt, for a personal consultation about your child custody or support modification issue. My office is located in downtown Austin, within a block of the Travis County Courthouse.