Many factors go into deciding a divorce settlement. Custody arrangements, income levels, where ex-spouses will be living, and which divorcees are employed will all be included in the decision for the divorce terms. However, things change as time goes on. A former spouse could get a new job, lose a job, get remarried, move somewhere new, or have health changes. In these cases, it is necessary to modify the terms in a divorce, including custody arrangements and child support.
What Do You Need to Do to Make a Modification to Your Divorce?
- File modification forms: These forms, detailing out the reason for your request, can be found online. Consulting a family law attorney could be helpful to make sure this process has no hiccups, and that you are communicating your objective to the courts properly.
- Gather evidence: The court will need to see that there has been a significant change in circumstances after the original agreement was made. Show evidence where the change has occurred to strengthen your case. For modifications to custody visitations, a child needs to be at least 12, notify the court they agree with the change, and there needs to be proof that circumstances have substantially changed for the child or parent. In some cases, parents will be evaluated to determine which parent is more fit for the children.
- Affidavit of preference: In Texas, children over the age of 12 have the legal right to choose which parent they would like to have custody of them. An affidavit of preference is a legal document detailing which parent your child prefers. A Lewisville divorce attorney can help you draft one of these on behalf of your child.
There are many reasons why the terms of your divorce may need to be changed. Lewisville divorce lawyers at The Julian Firm, P.C. use experience to settle difficult divorce modification cases.