The process is similar to all other litigation, you file a petition, modify your decree, have that served on the other side, and then you start the negotiation process to see if you can reach agreements to modify the decree. If not, you go to court and ask for the modification. If you end up in litigation, you have to prove that there has been a material change in circumstance that requires a modification and that the modification is in the best interest of the child. Often, it depends on what that material change is and how you quantify it, and that is very hard to do. However, that’s the process you go through.
Brian Loughmiller is a partner at the McKinney, Texas law firm of Loughmiller Higgins. Serving family law clients throughout North Texas and the DFW Metroplex area, Brian and his partner, Eric Higgins, have 47 years of combined trial experience. One of the top family lawyers in the state, Brian has been recognized as a Super Lawyer every year since 2005.
Eric Higgins is a family attorney serving residents of North Texas and the DFW Metroplex area who have family law concerns and divorce issues. Eric and his partner, Brian Loughmiller, have over 47 years of combined trial experience, which provides their firm with the experience necessary to guide divorcing clients through what can otherwise be a challenging and confusing process.