Revenge and inconvenience are not legal reasons for modifying a child custody order from a Woodlands Divorce. Your Woodlands Divorce Attorney must prove the modification is in the best interests of the child as well as the existence of a material and substantial change since the previous order was issued. Exactly what a “material and substantial” change means is what judges interpret on a daily basis, but a recent case reminds us that revenge and inconvenience are not material and substantial. Speak with a Woodlands Divorce Attorney today at (832) 426-3913 if you need assistance with your child custody modification.

Background

On November 6, 2007, Mother filed a petition to modify the child custody arrangement. Mother’s petition to modify followed Father’s earlier petition for enforcement and access after Mother denied him access to their child. The judge ruled for Father on his petition for enforcement and access.

In her later petition, Mother alleged that K.T.W.’s circumstances had materially and substantially changed since the entry of the previous order. She requested that Father’s “terms and conditions for access to and possession of the child be modified… to reflect visitation in regard to the over 100 mile visitation,” and that, since Father resided in Houston, he should “be responsible for pickup and return for visitation of the child.” Mother further pleaded that Father’s “change of address had caused [her] to incur increased costs.” Father answered and denied that there had been any “change of circumstances which would be grounds for any modification of the present Orders regarding access and possession.”

Discussion

At the trial court level Mother won her case and the judge modified custody to restrict Father’s access to his child. The Father appealed the ruling.

On appeal, Read more…

The Child Support Guidelines are a starting point. They reflect what the divorce court presumes to be in the best interests of your children. However, like many presumptions in the law, your Woodlands  Divorce Attorney can help you attempt to rebut the presumption if it is appropriate that you receive more or pay less child support than what the guidelines provide for.

What Will the Court Consider?

Once your Woodlands Divorce Attorney is able to successfully rebut the presumption that the standard guidelines should apply the court should consider Read more…

The District Courts and County Courts of Montgomery County have automatic orders that go into effect for every divorce suit and every suit affecting the parent-child relationship filed in Montgomery County. These automatic orders are court orders and if either party violates one or more of the automatic orders they risk being found in contempt of court.

The first automatic order of the Montgomery County Courts is Read more…