When you’re considering a change in your current divorce or custody arrangement, it’s important to be well-prepared for that first consultation with an attorney. Understanding what to bring and how to articulate your concerns can help set the foundation for a successful legal process.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC share tips on how to get ready and ensure that your first meeting is as effective as possible. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understand and Articulate Your Concerns
Before the consultation, take some time to articulate what specific changes you need. Instead of stating general concerns like “my child seems unhappy,” try to pinpoint specific indicators. Ask yourself:
- Have there been changes in school attendance, such as increased absences or tardies?
- Has there been a decline in grades?
- Is your child no longer interested in activities they previously enjoyed?
Attorneys rely on specific facts rather than general statements. We will ask a lot of questions, so being prepared with detailed information is crucial. You don’t need everything on paper but try to mentally organize your thoughts before the meeting. The more specific information you have, the better positioned you’ll be.
Start Documenting Early
If you have documentation, like a calendar where you’ve noted when the other parent has missed visitation or other key events, bring that along. Even if you haven’t started documenting yet, it’s never too late to begin. Keeping track of important details helps immensely because memories fade over time.
Whether it’s on a note-taking app on your phone or a simple paper calendar, any kind of record will be valuable. It’s much more persuasive in court to provide specific dates and events than to make general statements like “he hasn’t visited regularly” or “the child hasn’t been attending school.”
Consider Your Desired Outcome
Before attending the consultation, think about what you ultimately want to achieve from the modification. Do you want more visitation time, a change in custody, or different financial arrangements?
Knowing your desired outcome will help your attorney better understand your needs and develop a clear legal strategy. Make sure to communicate these goals clearly during your first meeting.
Gather Relevant Financial Information
If the changes you are seeking involve financial aspects, such as child support modifications, come prepared with recent financial records. This can include pay stubs, tax returns, and information on any significant changes in your financial situation. Financial documentation will help your attorney assess your case more effectively and provide you with appropriate advice.
Review Current Court Orders and Agreements
Another critical step before meeting with your attorney is to review your current divorce or custody orders. Understanding what the existing agreement entails will help you articulate exactly what changes you are seeking and why. Bring a copy of these documents to your consultation so your attorney can review them with you.
Consider the Child’s Perspective
Always keep your child’s best interests in mind when considering changes to custody or visitation. Reflect on how your proposed changes will impact their well-being and daily life. Communicate your observations about your child’s emotional, social, and educational needs to your attorney so that they can use this information to support your case.
What Does the Texas Family Code Say?
The Texas Family Code provides guidelines for custody and visitation that may be relevant to your situation. Here are some sections and statutes that can help you understand your rights and responsibilities:
Section 153.002 – Best Interest of the Child: This section emphasizes that the primary consideration in determining issues related to conservatorship and possession of a child is the “best interest of the child.” Any request for changes should demonstrate how they will benefit the child, whether emotionally, physically, or educationally.
Section 156.101 – Modification of Orders: This statute states that a court may modify an existing order if it is in the child’s best interest and if there has been a significant change in circumstances since the last order. This is why having detailed documentation of changes in your child’s behavior, school performance, or any other relevant factors is crucial.
Section 153.251 – Standard Possession Order: The Standard Possession Order is the default schedule that the court uses for visitation. If you believe that the current arrangement does not work for your child, you must show why a different schedule would better serve the child’s needs. This could involve showing missed visitations or conflicts with extracurricular activities.
Section 156.401 – Child Support Modification: If you need changes to child support, this section allows modifications if there is a material and substantial change in circumstances. You should bring evidence of any changes in income or expenses that might justify an adjustment.
Partnering with an attorney who understands these laws is crucial for parents facing custody disputes, providing clear guidance on their rights and responsibilities every step of the way.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
If you’re in the DFW area and ready to make a change, contact us for your initial consultation. You can reach us at 817-332-4477—our attorneys, paralegals, and legal assistants are available almost all the time, and very rarely is a call left unanswered. We can often provide a phone consultation immediately, or you can schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Circumstances Allow for Changing a Custody Order?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Can You Get a Divorce Without Your Spouse’s Signature in Texas?
- How Do Texas Laws Handle 50/50 Custody Requests?
- If I Marry Someone with a Child, Am I Responsible for Child Support?
- What Can a Counselor Say in Court About a Child’s Therapy?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.ey in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
