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| Modification of Court Orders |
| 1. When is a Divorce Decree final? |
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Most of the matters covered by the Divorce Decree are final soon after the divorce hearing, usually 30 days after the Decree is signed and entered by the Court. However, matters affecting children of the parties, such as conservatorship (custody), support, and possession of the children (visitation) are not final while the child is under the continuing jurisdiction of the court, usually until the child is 18 and out of high school. |
| 2. Can orders regarding children of the parties be modified (changed) after the rest of the Decree is final? |
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Yes, under some circumstances. |
| Modification of Managing Conservatorship |
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Managing conservatorship means the relationship between a child and a managing conservator. In other words, the managing conservator is the person with custody of the child. Managing conservatorship may be sole or joint. |
| Modification of Sole Managing Conservatorship |
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If the circumstances of the child, sold managing conservator (person having custody), possessory conservator (person having visitation or possessory rights), or other person affected by the Order to be modified have materially and substantially changed, and the appointment of a new managing conservator would be a positive improvement for the child, the previous order may be modified. If a child 10 years of age or older files written notice with the court naming the child's choice of managing conservator, the court can grant the child's wish if the court agrees that such choice of managing conservator would be in the child's best interest. (Positive improvement not required.) The child's power to name a managing conservator, with the judge's concurrence, is relatively new, at least at the ten year old level, and the writer's experience is that judges place considerable weight upon the child's choice. |
| Modification of Joint Managing Conservatorship |
In a joint managing conservatorship, the rights and duties of a parent are shared by two parties, ordinarily the parents, even if the exclusive right to make certain decisions may be awarded to one party. It is a little easier to modify a Joint Managing Conservatorship (such as changing the right to determine the child's residence, and major possession from one Joint Conservator to the other). The focus is on the child, and the child's best interest. The court may modify the terms and conditions of a joint managing conservatorship if there has been a material and substantial change in circumstances, or the previous order has become unworkable, if the modification would be a positive improvement and in the best interest of the child. |
| Modification of Child Support |
The rules are similar. Support Orders can be modified if the circumstances of the child or a person affected by the order, have materially and substantially changed since the rendition of the last order. |
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John L. Sanders, Attorney
8026 Vantage Drive, Suite 100 * San Antonio, Texas 78230
U.S.A.
Phone: 210.349.3153 * Facsimile: 210.377.2382
E-Mail: jsanders@johnlsanders.com
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Court of Texas and Federal District Court, Western District of Texas
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