You can file a motion and request the court issue an order for temporary orders relating to financial support, conservatorship, restraining orders on assets, and abuse prevention.
Treat the judge respectfully. Refer to the Judge as "your honor." Never interrupt -- this includes your spouse or his/her lawyer, even if they are misrepresenting. Don’t make faces or shake your head. Always ask the judge for permission to speak. Dress appropriately.
1) What is a modification?
A modification is a change to a previous court order. Final Modification Orders can be done by agreement of the parties, but should still be evidenced by a signed order filed with the court.
2) What provisions in my last order may be modified?
The provisions in a court order relating to conservatorship (right and duties), child support, or possession of and access to the child may be modified.
3) Under what circumstances may the amount of child support be changed (either up or down)?
In order to have child support modified (increased or lowered), there must be evidence for the court to consider, regarding:
1. that the circumstances of the child or a person affected by the court order have "materially and substantially" changed since the date of the original order, OR
2. three years have passed since the original order was entered or last changed, and the monthly amount of the child support differs by 20% or $100 from the amount that would be ordered paid if a modification is granted.
4) How can I have custody changed?
A custody order may be modified upon a showing that:
1. the circumstances of the child, the managing conservator (primary caretaker), or the possessory conservator (party having possessory rights) have materially and substantially changed since the entry of the order; AND
2. that the appointment of a new managing conservator would be a positive improvement for the child.
5) Can an older child really choose which parent he wants to live with?
If a child is at least twelve years of age, he or she may file with the Court a written designation of whom they'd prefer as managing conservator. The Court will consider the child's preference and will make such appointment as the child has requested IF it is found to be in the child's best interest.
6) If my divorce was just six months ago, and I've changed my mind about letting my ex-spouse be the primary custodial parent, is it too soon to do a modification?
It depends. If a request for a change of custody is made within one (1) year of the date of the rendition of your order, you must be able to show one of the following before the Court will consider a modification changing custody:
1. That the child's present environment may endanger the child's physical health or significantly impair the child's emotional development; OR
2. That the managing conservator (your ex-spouse) consents to the change of custody and the custody change is in the child's best interest; OR
3. That your ex-spouse (the managing conservator) has voluntarily
relinquished (turned over) the actual care, control, and possession of the
child for not less than six months and the custody change is in the child's
best interest.
(This document is considered "advertising" under Supreme Court Rule 3:07)