Can I “change” the “custody”, “visitation” and/or child support agreements we had in the original divorce?
Yes, however, it would depend on the specific evidence before the court. Chapter 156 of the Texas Family Code discusses in detail what is required in order to “change” or “modify” a prior court order regarding “custody”, “visitation” or “child support”. As a very general rule, the court is comparing the circumstances of the parties and the child on the date of the prior order (or mediation agreement) with the circumstances of the parties and the child on the date the request for a “change” or modification is heard by the court. While there are other significant details the court will consider, a few of the primary considerations will be whether anything has materially or substantially changed and whether the requested modification is in the best interest of the child.
