Once an order is entered with the court in Texas, the courts are able to enforce and modify their orders. However, there are certain things that can and cannot be modified. Under the Texas law, the court cannot modify a property agreement, but the court can modify issues related to child custody. The process is similar to all other litigation: file a petition, modify the decree, have that served on the other side, and then start the negotiation process to see if everyone can reach an agreement for the modifications.
The important thing is to understand what you can modify. A few examples of common modifications are:
- Change in possession and access schedules
- Change in rights and duties of each party
- Change in child support amount
If the requested modification is just a minor change and the parties can work it out informally, there may not be a need to go back to the courthouse. However, if no agreement can be made, the courts are available to hear those cases and to consider a modification to the agreement. During litigation, the evidence must show there has been a change in circumstance that requires a modification. These facts are important to know so that significant rights aren’t given up in order to achieve the custody outcome you want.