What constitutes a “material and substantial change” in circumstances to justify a modification of existing orders in Texas?

In life, the circumstances of parents can evolve due to various factors such as changes in employment, relocation, remarriage, or facing financial difficulties. Such significant shifts can influence a parent’s capacity to provide child support, engage in caregiving, or maintain visitation schedules. Within the realm of family law, these impactful changes in the family structure are termed as a “material and substantial change in circumstances,” potentially necessitating adjustments to pre-existing court mandates.

The team at the Law Office of Dana Baker, based in Texas, delves into what characterizes a material and substantial change in circumstances and the avenues through which these alterations can be leveraged to amend current child custody or child support orders.

What is a Material and Substantial Change in Circumstances?

The Texas Family Code does not explicitly outline the criteria for what constitutes a material or substantial change in circumstances, leaving it to the discretion of the judge to make this determination.

In essence, it involves a notable shift in the situation of either the parents or the child since the last court order was issued. This change might pertain to the child’s needs, the capabilities of the parents, or other elements impacting the child’s welfare.

Judges assess the family dynamics at the time the existing order was established against the current conditions to decide if modifications to child support, visitation, or custody arrangements are warranted.

Examples of a Material and Substantial Change in Circumstances

Situations that may constitute a material and substantial change in circumstances, meriting a revision of existing child custody or child support orders in Texas, include:

• A parent entering into a new marriage and having more children;
• A parent experiencing a change or loss of employment, leading to financial instability;
• A parent relocating;
• Incarceration of a parent;
• Substance abuse issues with a parent;
• Instances of parental abuse or neglect;
• Military deployment of a parent;
• A parent grappling with a severe health condition;
• The death of a parent.

While this list is not exhaustive, it provides common scenarios that could signify a significant and material change in circumstances. Additional hypothetical instances include:

• A non-custodial parent facing job loss and subsequent reduction in wages, leading to a request for decreased child support payments due to a material and substantial change in circumstances.
• A non-custodial parent who remarries and has another child, seeking reduced child support payments citing a material and substantial change in circumstances.
• A custodial parent receiving a job offer in another state and desiring to relocate with the child, necessitating a modification to the original court order to alter geographic restrictions.
• A custodial parent suffering from a severe illness and unable to adequately care for the child, leading to a request to modify the custody order to grant the other parent primary care.
• Utilizing a Material and Substantial Change in Circumstances to Modify an Order

To amend a child court order in Texas, the requesting parent must demonstrate:

• The existence of a material and substantial change in the circumstances of the child or one of the parents; and
• That the proposed modification serves the child’s best interest.
• If these criteria are met, the next step is to consult with a proficient family law attorney. The lawyer will assess the specific requirements based on the unique facts of your case.

The attorney will prepare and submit a modification lawsuit to the court that issued the original order. This lawsuit must present evidence of the material and substantial change in circumstances justifying the modification, which might include financial, medical, or educational records, testimonies from witnesses, or other pertinent documents.

Following the filing of the modification suit, a hearing will be scheduled, allowing both parties to present their cases. The judge will prioritize the child’s best interests when making a decision and may adjust the existing order as deemed necessary.

What if The Court Rejects My Modification Request?

Should the court decline your modification request, it’s crucial to recognize that this decision isn’t definitive. Consulting with a knowledgeable family law attorney is advisable if you believe the denial was unjust or unfounded. The attorney will thoroughly examine the denial reasons and strive for a resolution.

Experiencing a Material or Substantial Change in Circumstances?

Altering an existing child custody or child support order can be complex, making it essential to have a competent attorney by your side. The Law Office of Dana Baker, located in Texas, employs a cadre of skilled family law practitioners capable of navigating the family court system to secure the most favorable outcome for your family.

We are cognizant of life’s unpredictability and the delicate, emotional nature of child custody and support cases. Contact us at 979-310-5507 for a consultation with an adept family law attorney. We can ascertain if pursuing a modification suit is the appropriate strategy for your situation and offer legal advice and support to realize your objectives.