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

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: [phone]
🌐 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

Episode Transcript

SPEAKER_01 (00:00):
All right.
Well, Abby, thank you so muchfor your time.
I did want to dive into one moresubject of it, kind of dovetail
from the child support stuff wewere talking about.
Like what happens when, youknow, everything's been laid out
and the court has orderedexactly how the agreement was
made.
But let's say one year I want totake my kid for maybe winning

(00:21):
something or graduatingsomething or whatever.
I want to take them to Europefor the summer.
And obviously the agreementdoesn't allow me to do that.
What would you recommend in acase like that to do a
modification?
What is it exactly called?

SPEAKER_00 (00:38):
Yeah, you would be modifying your existing order.
So you'd be modifying thevisitation portion only.
Like for that situation whenyou're modifying, it's usually
because there's a materialchange in circumstances that
would warrant a change in theorder.
Okay.
Because the court doesn't wantparents going back to court

(00:59):
every month or two or everyyear.
So you have to show first thatthere's been a substantial
change, and then you can ask forthat modified order.

SPEAKER_01 (01:10):
Okay, cool.
So I guess this would be a childcustody modification, basically.
What would you call that?

SPEAKER_00 (01:19):
Yeah, so in the scenario you gave me, I think
that would just be amodification.
just straight modification but Idon't know if it'd be worth it
more so when you get amodification of your existing
order it's because one parentwants more time with the child
that they weren't grantedoriginally or they want
different rights a lot of timeswhat we see is maybe you need to

(01:41):
get a passport for your childlike you need to get a passport
to go to your in your situationand the other parent is not
agreeing and they're notallowing you to do that And then
in your original order, it gavemom exclusive right to maintain
the passport.
So then you would go back to thecourt and say, there's been a
change in circumstance becausethe mother is not being
reasonable in her exclusiverights for the passport.

(02:05):
And that needs to be sharedequally by the parents so that I
can take my son to Europe.

SPEAKER_01 (02:10):
Okay.
So you're going to do athree-month summer Euro trip
with your kids.
When you do that modification,is it going to also modify the
child support payments if you'rethe majority payer, let's say?

SPEAKER_00 (02:20):
Well, that's something you would need to
think about when you want tofile your modification because
most likely the mom's going tohire an attorney and the
attorney's going to tell her,well, now it's been three years
since the last order, so youshould see if you should be
getting paid more child support.
So it's kind of one of thefactors that we would talk about

(02:40):
to see if it's worth it or ifthere's any other avenues you
could do instead of

SPEAKER_01 (02:45):
that.
Oh, you're saying if the spousehas an increase in income, you
can...
Yeah, that makes sense.

SPEAKER_00 (02:52):
Yeah, you go back and ask for more.
So if it's one child, it's 20%of your income as your child
support amount.
And so in year one, you earned$100,000, your child support's X
amount, and then now you'reearning$200,000, your child
support's going to go upsignificantly if you go back to
court.

SPEAKER_01 (03:13):
Okay, well, I'm thinking also, let's say the
kid's in high school and theygraduate at 17.
It's 18 years?
Is that what child support is?
It's 18 years?

SPEAKER_00 (03:20):
It goes up to 18 years or when they graduate from
high school, whichever happenslast.
Whichever happens last.
She's 17 and she graduated fromhigh school.
Or she's not graduated yet.
I forgot what

SPEAKER_01 (03:35):
you said.
That's okay.
They're 17 years old.
So I'm paying child supportuntil when?

SPEAKER_00 (03:43):
Until that child is 18?
or graduates from high school.

SPEAKER_01 (03:47):
Okay.
So if they're 18 and still inhigh school, I'm paying child

SPEAKER_00 (03:51):
support?
Until they finish high school,yep.

SPEAKER_01 (03:54):
Gotcha.
So if they're 17 and I want totake them on a Europe trip for
the summer, does it behoove meto try to modify the child
support agreement?
Like, let's say, because it'sthree months, I'm completely
supporting the child for thosethree months.
Would it behoove me to...

(04:15):
Ask a judge to give me a littlebit of a preview, especially
because it's so close to the endof the payment agreement.

SPEAKER_00 (04:22):
So the judges really don't have discretion in that.
It's really black and white.
So they just look at, this isyour income.
This is the percentage that'sgoing to apply.

SPEAKER_01 (04:31):
No matter what.

SPEAKER_00 (04:32):
No

SPEAKER_01 (04:32):
matter what.
So you just hope maybe yourspouse is nice enough to say,
hey, you don't have to send memoney.
You must just pay that.

SPEAKER_00 (04:38):
Yeah.

SPEAKER_01 (04:39):
Okay, cool.
So let's say when you do want todo this agreement, modification
for the children.
I'm going to come to youroffice.
I've never met you before.
I'm like, look, my last lawyerscrewed me over.
It was over there on Yandel andcan't even find the office
anymore.
It's all dusty.
Unlike your beautiful officehere on I-10, part of El Paso,

(05:00):
west side.
I'm coming to you and I got abad deal, or at least I think I
feel like I got a bad deal.
I'm coming to you.
I want you to modify theagreement.
when it comes to my children.
What would be the first step?
And then give me a timeline ofhow long it would take.

SPEAKER_00 (05:17):
Yeah, so the first step would be me talking with
you and figuring out yoursituation and trying to
determine if you would qualifyfor a modification, if there has
been a substantial change incircumstance.
And then at that point, we wouldfile the modification and ask
for either a temporary hearingbased on your needs are, what

(05:39):
the needs are, and then thefinal after that.

SPEAKER_01 (05:42):
Cool.
And how long does that usuallytake, like a turnaround time?

SPEAKER_00 (05:45):
A few months.

SPEAKER_01 (05:48):
Okay.
If the opposing party'scontesting it, does that drag
out the process a lot more?

SPEAKER_00 (05:52):
Yeah, definitely.

SPEAKER_01 (05:53):
So it could be multiple hearings or multiple
back and forths?

SPEAKER_00 (05:56):
Exactly.

SPEAKER_01 (05:57):
For that.
Right.
Okay, well, this should closeout the podcast portion of our
interview and stuff like that.
I just want to thank you foryour time, and this is a
beautiful office.
Can you go ahead and just telleverybody your contact
information, where you're at,phone number, website?

SPEAKER_00 (06:14):
Okay, yeah, so you can reach us at 915-200-4316 or
lanelawfirm.com.

SPEAKER_01 (06:20):
Okay, and it's over here.
What's the address?

SPEAKER_00 (06:22):
700 North Stanton.
El Paso, Texas.

SPEAKER_01 (06:25):
Awesome.
And it really is a beautifuloffice.
I'm looking at the freeway, theinterstate I-10 right here.
It's such a convenient location.
And I recommend anybody that hasfamily law issues to give this
law firm a call.
They got a great staff.
It's not just this amazinglawyer.
They got an amazing staff that Igot to meet.
And yeah, give them a shout outif you need anything in family

(06:49):
law.
But thank you so much, Abby.
Thank you.
It's nice to talk to you.

SPEAKER_00 (06:52):
Have a good day.
Nice to talk to you too.