Exclusively Working On Family Law Cases Since 2005
Talk To A Lawyer | (512) 478-7466
Exclusively Working On Family Law Cases Since 2005
Talk To A Lawyer | (512) 478-7466
Once a divorce is finalized, the court issues a binding order. The decree usually sets out conditions and requirements that each individual must follow. These conditions apply to property division, child support obligations, and child custody arrangements. A skilled Round Rock Child Custody Modifications & Enforcement Lawyer can help parents address changes in circumstances or enforce existing court orders to protect their parental rights and their child’s best interests.
However, circumstances can significantly change post-divorce and it may be necessary to modify child custody decisions. Heinrich Christian, PLLC, can help you fight for custody modifications or strongly enforce existing orders.
If you require assistance with your child custody order, call our experienced Texas law firm at 512-645-1821.
With more than 25 years of combined experience, our lawyers provide caring and attentive representation to ease clients’ worries in what is often a difficult process..
Similar to child support modifications, modifying child custody arrangements requires court filings and appearances. You must demonstrate a material and substantial change in circumstances that makes the current arrangement no longer workable such as:
Under Texas Family Code § 156.101, a court may modify a conservatorship, possession, or access order only when the modification is in the child’s best interest and a material and substantial change in circumstances has occurred since the prior order. If you are seeking to modify an order that is less than one year old, Texas Family Code § 156.102 requires an additional showing — such as an affidavit alleging the child’s current environment may endanger their physical health or significantly impair their emotional development — before the court will even set the case for hearing.
Unfortunately, a divorce decree does not always mean the end of court proceedings. If the other party disobeys the divorce decree or court order, such as failing to comply with the custody arrangement, you may be able to pursue legal action in court. Our experienced attorneys can assertively advocate on your behalf, and defend your rights.
The consequences of failing to comply with court orders can be severe. You can face heavy fines, wage garnishment and even jail time. If you’ve had an enforcement action filed against you, it is critical to seek legal counsel as soon as possible.
Under a standard possession order issued pursuant to Texas Family Code § 153.311, common violations we see include:
Courts have broad discretion in fashioning a remedy, and the appropriate response typically depends on the severity and frequency of the violation. Under Texas Family Code § 157.168, a court can award the wronged parent additional periods of possession to make up for the time lost. Courts can also order reimbursement of related financial losses, such as travel costs tied to a missed exchange or added childcare expenses. In more serious or repeated cases, the court may modify the underlying order as part of the enforcement judgment, and a parent’s noncompliance can rise to criminal contempt, carrying fines, wage garnishment, and even jail time.
Documenting noncompliance as it happens gives your attorney far more to work with in court. Helpful evidence includes:
Under Texas law, divorcing parents are required to develop a parenting plan and submit it for court approval. A parenting plan thoroughly details each parent’s parental responsibilities and rights in order to prevent future disagreements. We strive to help families create parenting plans that solve common family problems and promote long-term harmony.
Parenting plans outline all aspects of your child care and raising strategy, including:
Once you decide on a parenting plan, it must be submitted to the court for approval. The court will approve the plan, request revisions or provide you with a plan if you are unable to come to a resolution on your own. However, it is preferred for families to develop their own plans to ensure that they are workable and will be followed.
Our attorneys understand that all families are different. We closely partner with you to understand your goals and offer innovative solutions to meet your needs. At Heinrich Christian, PLLC, we provide each client with personalized, responsive care that treats you as an individual.
We are skilled mediators and can negotiate a plan that is in your child’s best interest. Our firm will work closely with the other side so that the plan can be agreed on by all parties and the Texas courts. We will assertively protect your needs and ensure that your well-being is not overlooked in this process.
1. Consultation — We review your current order, discuss what has changed (or what the other parent has violated), and identify the legal basis for your case.
2. Evidence Gathering — We help you collect the communications, records, and documentation needed to support a modification or enforcement claim.
3. Filing & Notice — We file the petition or motion with the court and give proper notice to the other party.
4. Hearing & Resolution — We represent you at hearing. If your situation is urgent, we can pursue temporary orders to protect your child while the case is pending.
Texas courts require proof of a material and substantial change in circumstances before approving a custody modification. Qualifying changes can include a shift in either parent’s work schedule or residence, a change in either parent’s criminal record, an arrangement that is no longer appropriate for the child’s age, the child’s own wishes (at a certain age), or a remarriage.
If the other party disobeys the divorce decree or court order — such as failing to comply with the custody arrangement — you may be able to pursue legal action in court. The consequences of failing to comply with court orders can be severe, including heavy fines, wage garnishment, and even jail time. If an enforcement action has been filed against you, seeking legal counsel promptly is critical.
Under Texas law, divorcing parents are required to develop a parenting plan and submit it for court approval. A parenting plan thoroughly details each parent’s parental responsibilities and rights in order to prevent future disagreements. Courts prefer that families develop their own plans to ensure they are workable and will be followed.
Parenting plans outline all aspects of child care and raising strategy, including child support payments, child custody rights, visitation schedules, parenting rules, and resolutions for anticipated parenting conflicts. Once agreed upon, the plan must be submitted to the court, which will either approve it, request revisions, or provide one if the parents cannot reach an agreement on their own.
With more than 25 years of combined experience, the firm’s lawyers provide caring and attentive representation to ease clients’ worries in what is often a difficult process. The attorneys are skilled mediators who can negotiate a plan that is in the child’s best interest, working closely with all parties so that the plan can be agreed upon and approved by the Texas courts, while assertively protecting each client’s needs and well-being throughout the process.
In most cases, yes. If less than one year has passed since the last custody order, Texas Family Code § 156.102 requires the parent requesting a modification to submit an affidavit showing additional grounds — such as the child’s present environment endangering their physical health or significantly impairing their emotional development, a voluntary relinquishment of primary care, or an agreement between the parties — before the court will set the case for hearing. After the first year, the standard material-and-substantial-change test under § 156.101 applies without that extra showing.
Strong enforcement cases are built on documentation collected as violations happen. Useful evidence includes text messages, emails, or co-parenting app logs; records of missed or late exchanges; photos or video tied to specific incidents; receipts for added travel or childcare costs; and statements from witnesses. Our attorneys can help you identify what to gather and how to present it effectively to the court.
At Heinrich Christian, PLLC, our attorneys are dedicated to providing outstanding client service in Round Rock. We are always accessible to answer your questions and concerns about child custody.
Call our firm at (512) 478-7466 for trusted counsel. You may also contact our Round Rock and Austin offices online.
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