Modifications And Enforcement Of Support And Child Custody Agreements
Here at Shemesh Family Law, we understand that as families and circumstances change over time, family law court orders need to be modified to reflect those changes. If one parent is failing to abide by the order, it may also be necessary to seek court intervention to enforce it. Our founding attorney has more than a decade of experience serving family law clients throughout the Dallas-Fort Worth area. A legal professional who regularly acts as a guardian ad litem, she is a passionate advocate for the well-being of children. If you believe court orders from your prior matter need modifying or enforcing, our team of skilled family law attorneys are ready to advise on the next best steps to take.
When Can A Parent Seek To Modify An Existing Order?
Court orders related to child custody and visitation (conservatorship) are meant to provide stability for children and to ensure that their best interests are met. Judges are naturally reluctant to modify orders unless there is a compelling reason to do so. Parents requesting a modification must:
- Demonstrate that there has been a change in circumstances significant enough that the child’s best interests are no longer served by the existing order
- Submit a petition to the court requesting a specific change and explaining why a modification is necessary
- Provide supporting evidence for both the need to modify and the benefits of doing so
What would warrant a modification? It could be a major and permanent change one parent’s work schedule that would make it much harder to continue caring for the child in the same way. It could also be one parent’s need or desire to move far away from the other, or a change in the child’s needs as they grow.
Enforcing Court Orders When One Party Fails To Follow Them
It is both frustrating for you and potentially harmful to your children when an ex-spouse or co-parent refuses to follow a court order. If speaking to them directly hasn’t worked, our attorneys could communicate with them on your behalf, often through an official letter. If that still doesn’t solve the problem, we are prepared to help you file an enforcement action with the court.
Enforcement orders can be used to resolve issues related to child custody and visitation, missing child support payments and property division (such as a failure to cede property that was given to the other spouse via the divorce decree). After hearing testimony and examining evidence about the alleged violation, the court can impose penalties designed to force compliance (as well as punish the willful noncompliance).
Contact Us Today To Discuss Your Modification And Enforcement Needs
Shemesh Family Law serves clients throughout the entire Dallas-Fort Worth area. Our lawyers have the knowledge and adaptability to utilize the most effective approach in each case, whether that’s direct negotiation, mediation or aggressive courtroom litigation. We offer a 30-minute consultation for new clients. To schedule yours, call our Dallas office at 214-504-2127 or submit an online contact form. Se habla español.