El Paso Local Area Business Talk

Need to Modify an Existing Child Custody Order? Laine Law Firm, PLLC Explains the process


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Child Custody & Support Modifications in Texas – What Every Parent Should Know

In this episode of El Paso Local Area Business Talk, we dive deep into family law with Abby from Laine Law Firm, a family law attorney based in El Paso, Texas. Host David leads the conversation around a common but complex issue: modifying child custody or support agreements after a court order has already been finalized.

🔍 What You’ll Learn in This Episode:
📝 What Is a Modification?
Abby explains that when a parent wants to change an existing court order—such as requesting additional summer visitation, passport rights, or travel permissions—that action is referred to legally as a modification of the original custody or visitation order.

But not just any change qualifies. The court requires a “material and substantial change in circumstances” before granting any updates. This keeps parents from frequently revisiting court over minor disagreements.

✈️ Can You Take Your Child Overseas if It’s Not in the Agreement?
David poses a scenario: what if a parent wants to take their child on a summer trip to Europe, but international travel wasn’t included in the original agreement?

Abby clarifies that if the other parent has exclusive rights to the child’s passport, the requesting parent may need to petition the court to share that right. Courts will consider if the custodial parent is unreasonably withholding permission and may modify the order to allow joint rights—especially if the trip is in the child’s best interest.

💸 Will Child Support Change If Custody Changes?
Abby gives a reality check: filing a modification opens the door for child support to be re-evaluated, especially if it’s been three years since the last court order.

If the parent requesting changes has had a significant increase in income, they could end up paying more child support. Child support in Texas is typically 20% of the paying parent’s income for one child, and courts stick closely to this calculation.

Even if you’re paying for a child's travel or summer expenses, judges generally won’t adjust support just for that period. The support amount remains based on income, regardless of temporary custody arrangements or generosity.

When Does Child Support End?
A frequently asked question: Does child support end at age 18?

The answer: Whichever comes later—when the child turns 18 or graduates high school. So if a child is still in school at 18, support continues until graduation.

👩‍⚖️ What’s the Process to Modify a Custody or Support Agreement?
Abby outlines the process:

Initial consultation to assess if there’s a valid reason to request modification.

Filing a petition with the court.

Requesting temporary orders if urgent action is needed.

Proceeding to a final hearing if the matter is contested.

The timeline? Usually a few months, but it could take longer if the other parent fights the changes. Multiple hearings and attorney negotiations may follow.

📍 Firm Details: Laine Law Firm, PLLC
📞 Phone: (915) 200-4316
🌐 Website: www.lainelawfirm.com
🏢 Address: 700 North Stanton, El Paso, TX
Located off I-10 in West El Paso with a beautiful office and friendly staff.

💬 Final Thoughts:
Whether you're a parent looking to take your child on a special trip, facing issues getting cooperation from a co-parent, or feeling like your previous agreement didn’t serve your child’s best interests, this episode delivers key information on how to navigate Texas family law.

📢 Don’t miss this episode if you're dealing with custody, visitation, or support issues. Legal advice could save you stress, money, and most importantly—help ensure the best for your

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El Paso Local Area Business TalkBy Sharif