Legal Question in Family Law in Texas
non entered modifications
There exists a final decree, signed and entered in the district court. There is a modification to lower child support and to change visitation status from supervised to unsupervised (child support remained unchanged and visitation was changed to rules in family code). This was signed by the judge but never entered in the district court court by either attorney. A second motion to modify child support was introduced. The respondent asked that the movant enter the previous modification order. Movant denied. A new hearing took place and the judge ruled that child support be lowered. Visitation priviledge was not introduced in this hearing.
question: is the modification that was never entered with the district clerk valid; does visitation stay as ruled upon in the original paternity order (supervised) or does visitation change to unsupervised as stated in the order that was never entered?
1 Answer from Attorneys
Re: non entered modifications
An order becomes effective when signed by the judge. Entry on the court's docket is not a function for the attorney and is an administrative detail which would not effect the language of the order. The last order signed by the judge on the issue in question should be operative and enforceable.
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