Going through a custody battle can be tough. You might wonder why a judge would change who takes care of your child. This article explains the top 12 reasons this can happen in Texas.
Why is this important?
- Reduces Uncertainty: Knowing the reasons can help you feel less stressed.
- Improves Preparation: Understanding these factors can help you be better prepared for your case.
Here is the list:
1. Relocation
Relocation is the first big reason for modification of current custody arrangement especially if a parent moves a long distance. The court weighs the benefits of the move for the parent (new job opportunity) against the impact on the child’s well being and their relationship with the other parent. Even a move within the same city to an unsafe neighborhood can be reason enough for modification. Judges want to make sure both parents remain involved in the child’s life and that the visitation schedule is practical15.
2. Changes in Living Situation
Significant changes in a parent’s living situation can be reason for modification of custody. Being an important factor in custody, this can include issues with housing quality, being homeless due to eviction or foreclosure or moving to an unsafe neighborhood. If there are safer housing options available the court may intervene to make sure the children live in a safe environment and modify the original custody order.
3. Parental Fitness
The court looks at parental fitness by looking at various aspects of a parent’s life including living conditions, financial stability and child’s relationship with the parent. Key factors include the parent’s mental and physical health, history of substance abuse and any domestic violence or criminal behavior. Untreated severe mental health issues or physical disabilities may impact custody but having a health condition does not automatically disqualify a parent if it doesn’t affect the child’s well being.
4. Child’s Evolving Needs
As children grow their needs change. Thus, a modification process may be necessary if a child develops new medical conditions, educational requirements or age related needs. Like, if a child needs special care the existing custody arrangement may need to be modified to ensure proper medical access.
5. Child’s Preferences
Texas law gives a lot of weight to the child’s wishes of a child 12 or older. If the child has a strong preference to live with the non-custodial parent and can articulate valid reasons this can be a factor for the judge. However, the child’s preference is just one of many factors the court considers in the context of the child’s life.
6. Custody Agreement Violations
Repeated violations of the court ordered child custody order such as consistently denying visitation rights or not following the custody schedule can cause a judge to modify the current order. These actions undermine the existing custody arrangement and can be seen as harmful to the child.
7. Safety
Physical, emotional or sexual abuse, neglect or exposure to dangerous situations are serious reasons for a custody modification to ensure the child’s safety. Texas courts will act quickly to ensure the safety and emotional well being of the child. This may include removing the child from an environment where there is violence or where the child’s basic needs are not being met.
8. Parent’s Employment or Income Changes
Significant changes in a parent’s job situation such as job loss, pay cut or changed work schedule can impact their ability to care for the child. These changes may impact the parent’s financial stability or availability and may require modifying child custody arrangements.
9. Parent’s Personal Life Changes
Major life events such as remarriage, new children being born or the death of a parent or close family member involved in childcare can impact custody. The court needs to reevaluate the child’s best interests in the new family structure.
10. Mutual Agreement Between Parents
When both parents agree on the modifications to the custody agreement it often simplifies and speeds up the process. But the court will still make sure the agreed upon changes are in the best interests of the child.
11. Parental Alienation
Parental alienation is when one parent tries to turn the child against the other parent. This can include speaking badly about the other parent, limiting communication or influencing the child to reject the other parent. The court views this behavior seriously as it can be considered emotional abuse and can harm the child53.
12. Parent’s Circumstances Improve
Positive changes in a parent’s life such as completing rehab or showing improvement can also be a reason for a custody modification. A parent may get more parenting time after showing they can provide a safer and more stable environment for the child.
FAQs About Reasons a Judge Will Change Custody
What not to say to a family court judge?
Don’t speak badly about the other parent or offer unsolicited opinions. Don’t interrupt the judge. Focus on the facts relevant to the child’s best interests.
What not to say in a custody battle?
Don’t make false accusations or speak badly about the other parent. Focus on factual data points about each parent’s situation. This can include home stability, developmental care and each parent’s ability to care for the child. So, when children grow up the judge’s decision in the modification case will affect.
Why would a judge change a custody order?
Texas judges put the child’s best interest first. They may change a custody order if a parent relocates, loses their job, has substance abuse issues or if there are concerns about the child’s safety. The child’s changing needs and preferences (especially if they’re 12 or older) are also considered. Hence, consulting a family law attorney can help navigate these changes.
What if the father has no job?
A father in Texas without a job can still be required to pay child support. The court can base child support on his earning capacity or order him to get a job. Also, if he can’t work he can provide evidence to the court to potentially reduce or suspend support temporarily.
What evidence do I need to request a child custody modification?
To request a custody modification you’ll need evidence of the material and substantial change of circumstances and a child custody lawyer can help you gather this evidence. This can include:
1. Affidavits
2. Documentation
3. Testimony
How hard is it to modify a custody agreement in Texas?
Modifying a custody agreement in Texas requires a substantial change of circumstances and that the modification is in the child’s best interest. Hence, it’s not easy but with good evidence and focusing on your child’s needs it can be done.
Conclusion
Modifying custody ain’t easy. This article lists the reasons a judge will change custody. Many things can change a child’s primary residence or school.
These situations need to go through the courts and experience. Don’t make false accusations this can hurt. Knowing why a judge will change a custody order helps parents. Also, it helps when a parent dies and the surviving parent needs court approval for custody of the child.
If you’re facing a custody modification or have questions about your legal options, our experienced child custody lawyers are here to help. During a consultation, we can review your situation and discuss how we can assist you. Call our law firm at (888) 584-9614 or contact us online to get the support you need.
