A child custody modification lawyer Frisco, TX trusts can advise and represent parents with children and a custody order that no longer meets the needs of a family. In Texas, custody is a general term and so is visitation. In the Texas Family Code and in court orders, Texas law uses the terms “conservatorship” and “possession and access.” The Texas Family Code may be different from custody laws in other states, so when people move to or from Frisco, Texas to another state, it is important to use a Board-Certified lawyer. Mark Scroggins is Board-Certified in Texas family law.
Who may file a child custody modification in Frisco, TX
To file a modification case, you must have standing, in other words, the legal right to file and pursue modification of a child custody order. Parents of the child who have not had their parental rights otherwise terminated, has standing to file a modification case in Frisco. If another individual is listed on the court’s custody order as a party in to the case, they may also file a modification. Additionally, there are circumstances in which a grandparent, great-grandparent, brother, sister, uncle, aunt, niece, nephew, or non-related individual may have standing to bring a modification case. Your child custody modification lawyer in Frisco, TX can help determine if you can assert standing to file a custody modification.
Under what circumstances may I file an action to modify child custody or visitation?
When you talk to your Frisco, TX child custody modification lawyer at your consultation meeting, your lawyer will ask you the questions necessary to understand the facts in your life and whether your situation will be one that makes it appropriate for the court to modify custody. Whether your child is 12 years-old or older, their preferences on changing custody, such as which parent is the primary parent or how visitation takes place. As children grow older, their lives become more complex and your current custody order may not work anymore. Please note that even though the child’s preferences may be acknowledged, the court is not obligated to honor the wishes of a child and will make their decision in the child’s best interests.
A material and substantial change in the circumstances of the parent must be alleged for the court to modify a custody case. Mark Scroggins, as a Board-Certified family lawyer in Frisco, Texas has worked with families with a wide variety of changes in circumstances and he can advise and represent clients with the benefit of years of knowledge and experience required for case strategy and achieving results for clients whose substantial change in circumstances is usually a job change, remarriage or the birth or death of other members in a family.
In what court does a parent file a child custody modification case?
In Texas you must file a modification case in the county where your current child custody order was entered. If the child has moved to and has lived in another county in Texas for more than six months, you must still file the modification case in the original county, but your child custody modification lawyer in Frisco, TX can file a Motion to Transfer the case at the same time they file your Petition to Modify.
Note that if your child has lived in another state for the last six months there may be more to discuss with your child custody modification lawyer to determine where to file your case. This is a situation where hiring a Board-Certified lawyer is important.
Working with a Board-Certified child custody modification lawyer Frisco, Texas trusts.
Some custody modifications are complex and challenging for everyone involved. When you hire child psychology, development and mental health experts to assist in support of your modification case, it is important to hire an experienced lawyer who knows the top custody experts and their reputation. Mark Scroggins is Board-Certified in family law by the Texas Board of Legal Specialization. The requirements for board certification is strict and require a lawyer applying for certification to demonstrate significant experience and that they have litigated a required number of hearings and trials in divorce and family law legal areas. Hiring a child custody modification lawyer in Frisco, Texas with family law board certification is important in a challenging modification case.
How does a child custody modification lawyer proceed in Frisco, Texas if I now live in another state, and what if the child or other parent also lives in another state?
In a strong economy, with so many people relocating for new opportunities, your custody modification may involve either you, the child, or the other parent living in another state. Distance and the ability to facilitate visitation time with the other parent can be a factor in modification case. Whether the parties living out-of-state are in Oklahoma versus Georgia, can be significant.
What happens if my previous child custody order to be modified is from a court outside of Texas?
Many people who need a child custody modification have moved to Texas and their court order was issued by a previous state in which the child lived. The issue in this case is whether a Texas court has jurisdiction to modify an order issued by an out-of-state court. Mark Scroggins is Board Certified in family law and will discuss the specifics of your case to determine what would be the proper process to address complex issues of jurisdiction over your case. Contact a child custody modification lawyer Frisco, TX families turn too from Scroggins Law Group.
*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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