Full question:
I am divorced, we have 2 children: girl 13 and a boy 12. We have joint custody, my ex wife is the primary managing conservator and I am the possessory conservator. I pay child support for both children. We have come to a mutual aggreement that it is in the best interest of my son to come and live with me. We have come to the aggreement that each of us will soley support each child. In other words I will provide for my son and provide his insurance and I will pay no child support to my ex wife. She will provide for our daughter and provide her insurance and she will pay no child support to me. I will be primary managing conservator for my son. We cannot afford a lawyer. So we are trying to get the proper filings into the court. Can you tell me what forms I will need file to the court? And can I purchase all of them from your website? Lastley is this something that the court will handle without having a hearing since we have come to a mutual aggreement? Can I expect numerous court dates?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Texas
Answer:
Modification of divorce decrees generally refers to a change in the order that was issued declaring the couple officially divorced. The divorce decree will often contain orders related to child custody and visitation, as well as division of assets, support payments, and other issues. Proceedings to modify a divorce decree are commenced by filing a petition to modify in the original divorce action decree. Local court rules and state rules of civil procedure, which vary, govern petitions to modify. Typically, to modify child custody or visitation, the parent seeking a modification must show a "significant change of circumstances" that would support such a modification.
Typically, a divorce order will be enforceable unless modified by the court, and it is unlikely a court may enforce a waiver due to an oral contract by using its equitable powers to prevent an injustice. The majority of courts hold that the parties cannot modify a court order by agreement among themselves. A divorce decree may be modified by the court when a significant change in circumstances is proven. If the parties stipulate (agree) to the modification, it may be more likely to be ordered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
