When circumstances change, an original child custody order or child custody arrangements may no longer suit your and your child’s needs. Luckily, you have the option to request a modification to the child support order yourself. But, once a court order establishes child custody, changing it can be challenging. It is important to understand the grounds for modification of custody in Texas. Also, you should know the factors that may allow for custody modification, and the steps to take to change the court order through Texas courts. Below, our Texas child custody attorneys discuss how to modify child custody orders in Texas.
Establishing Child Custody in Texas
Conservatorship is the term used in Texas to describe custody of a child. It establishes the legal duties and parental rights. There are two types of conservatorships in Texas.
The most common type of custody is joint managing conservatorship. Under this arrangement, both parents share the responsibility of raising their child. However, one parent is still the primary joint conservator or custodial parent. This parent is often referred to as having primary custody, meaning the child primarily resides with them. Both parents make most of the major decisions. However, the child lives with the custodial parent, reflecting the dynamics of effective co-parenting.
The other type of conservatorship is sole managing conservatorship. Under sole custody, only one parent gets to make most, if not all, the major custody decisions, based on the parent’s ability to provide for the child’s needs. But, generally, the court believes it is best for children to have strong relationships with both parents. Thus, the court must find good reason to allow this type of arrangement in child custody.
When Can You Change a Child Custody Order in Texas?
Either parent can file for child custody modification at any time. But, getting a modification is not simple unless both parents agree. It must be shown that the change is in the child’s best interest. It also becomes more complicated if you try to change the agreement before one year has passed. Whatever the reason for a change, some critical factors must be in place before any modification can be made.
The most important factor is that the change is affecting the best interest of the child. If not, the court is not likely to grant it. Under the Texas Family Code, the parent seeking to change the order must also show evidence of a material and change in the child or parent’s circumstances.
It is important to consult with an experienced Texas family law attorney to navigate the complexities of custody modifications.
Below, our Texas child custody lawyers discuss reasons that may lead to child custody modification.
What Are Common Reasons to Change a Child Custody Order in Texas?
Child custody orders are not set in stone. As time passes, situations can change. These changes may warrant a reassessment of the original order. Some common reasons to change a custody order include the following, particularly when changes affect the existing custody arrangement:
- Change in circumstances. The Texas Family Code does not define what makes circumstances material and large. This means you may be able to prove that several situations meet the criteria for changing an existing custody agreement. Examples of changes in circumstances may include relocation, changes in job, remarriage, medical conditions, or any significant lifestyle changes.
- Child’s preference. In Texas, once a child turns 12, they can express their preference about which parent they wish to live with, and this preference is considered alongside other factors.
- Endangerment. If you believe that the child’s emotional or physical well-being is under threat, they can seek an immediate modification. This includes scenarios where the child might be exposed to criminal activity, substance abuse, etc.
- Abuse or neglect. Evidence of domestic violence, like harm caused by a family member, is among the critical reasons for order modification. The child’s safety is paramount, and any indications of abuse or neglect warrant urgent legal intervention.
- Voluntary relinquishment. It means the custodial parent voluntarily relinquishing the primary care and possession of the child to someone else for at least six months.
Remember, while these reasons are common, every situation is unique. Seeking legal advice can help you understand your options in such cases. However, as you can see from the examples above, a substantial change in circumstances must exist to modify an existing child custody order, and any changes must serve the child’s best interests. Understanding the grounds for modification of custody in Texas can help you navigate the process effectively.
Five reasons for child support modification in Texas
When can parents request modification on child maintenance? In general, you must demonstrate there has been a significant and material change in circumstances which should justify a child support modification.
1. Income Changes
A substantial change in either parent’s income may necessitate a child support modification to ensure payments reflect current financial situations and the child’s life is not disrupted.
2. Child’s Needs
Evolving needs, such as increased educational or healthcare expenses, can justify a modification to meet the child’s current requirements.
3. Mental Health Issues
Serious metal or physical health conditions affecting a parent or child, leading to increased expenses or impacting earning ability, may warrant a change in support.
4. Parental Relocation
Significant moves affecting living arrangements or visitation schedules can prompt a reassessment of child support obligations.
5. Custody Changes
Alterations in custody arrangements, like shifts between joint and sole custody, may require adjusting support to align with the new responsibilities.
How to File a Child Custody Modification in Texas
If you wish to change a child custody order, you must file a written petition with the clerk’s office at the court. You may do so by filling out a Petition to Modify the Parent-Child Relationship. In addition to modifying custody, you may also need to modify child support if there have been significant changes in financial circumstances. You should file your petition with the same court that issued the original child custody agreement. However, if your child has moved, you may have to transfer the case to the county where your child resides.
The legal process of modifying child custody can be straightforward if both parents agree on the changes. However, it can become considerably more complex when there is disagreement, especially if the non-custodial parent opposes the modification process. Even if a parent’s financial situation changes, they are still required to pay child support until an official modification is granted following a modification request.
You may have to go to trial if the other parent fights the modification, during which temporary orders may be issued to address immediate custody concerns. Ultimately, turning your case into a contested custody modification case. In this case, you will have to establish to the court, with evidence, that circumstances have materially changed since the original order. You must also prove that the changes you request are in the child’s best interests.
We recommend working with a Texas child custody attorney to help you seek child custody modification. At Warren & Migliaccio, we have extensive experience and success handling family law and child custody matters for our clients. Our Texas child custody attorneys have helped many individuals like you seek child custody modification under the law.
We can assist you in identifying and proving significant changes in circumstances. Establishing this, potentially through an affidavit, is necessary for a successful modification petition. More so, we can help you make a persuasive case for modification and why the changes you seek align with your child’s best interests.
FAQs on Grounds for Modification of Custody in Texas
What are the grounds for child custody modification in Texas?
What qualifies as a change in circumstance?
How to win custody modification?
What not to say in a custody battle?
What are the grounds for modification of custody in Texas?
How long does child support modification take in Texas?
Schedule a Consultation With Our Texas Child Custody Attorneys
Are you a parent with joint custody who wants to seek sole custody? Do you wish to change specifics of an order, like where your child lives? If you have any questions about how to modify child custody orders in Texas, do not hesitate to contact an experienced family law attorney from our law firm.
During a consultation, we can discuss your unique situation. We are happy to answer your legal questions and discuss legal options for moving forward. Call our Texas child custody lawyers at (888) 584-9614 or contact us online to get started.
