Modifications and Enforcements
Modification and Enforcement of Divorce Orders and Agreements
When divorce orders and agreements are finalized, they are based upon facts and circumstances that exist at that time. Because life often brings significant changes and because the divorce process itself can result in hurt feelings, anger or vindictiveness, it is frequently necessary for people to modify or seek to enforce the agreed-upon terms of their divorce after the fact.
Attorneys at Albin Roach help clients in Collin County, Denton County, Dallas County, and throughout North Texas to obtain custody, visitation and support modifications, to prevent such modifications, to take appropriate enforcement actions when circumstances warrant, and to defend themselves against enforcement actions as well.
With modifications, the primary legal issue deals with whether or not there has been a substantial or material change in circumstances. Common examples of what “substantial” means to the courts include increased parental conflict and alienation, major illness, unemployment, significant increases or decreases in income, remarriage and custodial parent relocation.
Of these, custodial parent relocation is one of the issues that most often ends up in court. The general rule is that the primary residential parent can relocate anywhere within the county where the divorce took place or within any contiguous county. However, because “move-away” or “relocation” cases are typically decided on the basis of local rules and judicial preferences, our experience and familiarity with the courts of Collin County, Denton County, and courts throughout North Texas becomes especially valuable.
Another “hot-button” issue is parental alienation. Mothers and fathers often bear emotional scars from a hotly contested divorce, and those wounds can impair their ability to effectively co-parent their children. Whether the primary cause is anger, fear, or selfishness, or some other factor, when one parent begins to intentionally undermine the child’s relationship with the other parent, the damage to the child can be life-long. Albin Roach takes cases of parental alienation very seriously. And while we frequently refer clients to one or more independent, highly-qualified professionals who stand ready to assist parents willing to recognize the underlying causes of damage to the children and who want to work cooperatively to stop the harm to the children, our firm also aggressively represents parents and children inside and outside of the courtroom to protect them from the devastating effects of parental alienation.
In enforcement matters, the legal issues center the reasons on why the court’s orders were not honored, whether a modification is warranted, and the extent of the harm, caused by the failure to abide by those orders or agreements.
The attorneys of Albin Roach believe that court orders should be followed and, when intentionally violated, they should be enforced — the violator punished. However, when orders become inappropriate or unworkable because of changing circumstances, we have and will zealously defend the rights of the accused.
Attorney and Contact Information
Our team includes respected family law advocate Laura Roach, who is widely-recognized as a leader in complex family law matters and an accomplished mediator who has facilitated the settlement of over 500 cases. Our team of professionals also includes associates Sharon Corsentino and Jennifer Grinke.
Schedule an initial consultation with a lawyer by calling us directly or by contacting us online.