Modification

1.   A court with continuing, exclusive jurisdiction may modify an order that provides for the conservatorship, support, or possession of and access to a child.

a.    Who can file a motion to modify?

        i.    A party affected by an order may file a suit for modification in the court with continuing, exclusive jurisdiction.

       ii.    A person or entity who, at the time of filing, has standing to sue may file a suit for modification in the court with continuing, exclusive jurisdiction.

b.   What are the grounds for modifying a prior order regarding conservatorship, possession, and access? Under Family Code, the court may modify a prior order if the modification would be in the best interest of the child and:

        i.    The circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the earlier of:

       ii.    The date of the rendition of the order; or, \

      iii.    The date of the signing of a final order.

c.    Changes that are not reasons for modifying support

       i.    The court may not add any portion of the net resources of a new spouse to the net resources of an obligor or obligee in order to calculate the amount of child support to be ordered in a suit for modification.

       ii.    The court may not subtract the needs of a new spouse, or of a dependent of a new spouse, from the net resources of the obligor or obligee in a suit for modification.

      iii.    An increase in the needs, standard of living, or lifestyle of the obligee since the rendition of the existing order does not warrant an increase in the obligor's child support obligation.  

d.   Can I relocate with my child?

       i.    The degree to which the custodial parents and the child's life may be enhanced economically, emotionally, and educationally by the move;

      ii.    A comparison of the quality of lifestyle;

     iii.    The negative impact of any continued hostility between the parents;

     iv.    The effect of the move on extended family relationships; and

     v.    The child's age, community ties, health and educational needs, and preferences.