Child Custody Modification Suits Can Prove Difficult

Child Custody Modification Suits Can Prove Difficult

By Frank Vendt |

There are very few hard and fast rules in this life, but one of them is that divorce is painful. It just is. If you’ve been through a child custody case that didn’t go your way or that you would like changed, you’re likely to be beside yourself with concern regarding your little ones. While filing a modification is an option, it’s important to carefully consider the pros and cons of such a choice.

Don’t Be Surprised To Be Countersued

Custody modification suits are typically based upon changes in circumstances, such as a lost or new job or a major move (that will affect your custody schedule), and such changes must be proven to the court. Post-divorce is a stressful time but it’s also a good time to reflect on that famous rule of physics that every action has an equal and opposite reaction. In other words, if you do file a custody modification suit, your child’s other parent is likely to come back at you with a countersuit challenging the modification so it can result in a legal battle if your ex is not agreeable.

The prevalence of such countersuits in Texas is a result of the fact that, in so filing, your ex has very little to lose (other than a relatively small filing fee). Such a countersuit, however, is likely to burden you with plenty of additional legal expenses and legwork. Further, if your ex is successful in countersuing, you stand to be hit with an even more unfavorable ruling than you initially had. It is absolutely imperative that you are represented by the right legal counsel to help you obtain a favorable result and reduce any adverse effects.

Support For Your Claims

When you sue for child custody modification, you’re taking the case back in front of the exact same court that issued or approved the initial order—but expecting a new outcome. Therefore, it is necessary to have evidence to support why your changed circumstances justify the need for a custody modification. Because such a modification will almost certainly be dependent upon the facts of your claim, your attorney can help you prepare a persuasive case in your favor.

None of this is to say that a child custody modification suit isn’t an appropriate option for your unique situation. Your experienced Texas family law attorney will help you carefully weigh your options and make the right choice for you and your family. Sometimes, such a modification is the only answer and should be pursued with vigor. We can also help you reach a resolution with your ex out of court whenever possible.

Contact a Richmond, Texas, Family Law Attorney

The Vendt Law Firm, P.L.L.C., is here to help you make the important divorce and custody decisions that make sense for you and your children. Attorney Frank J. Vendt is a Texas divorce attorney who focuses on solution-based legal guidance and representation that works for you. Schedule a consultation with Mr. Vendt today by calling our office at (832) 276-9474 or by contacting us online.