Filing for a Child Custody Modification in Texas

 Posted on March 24, 2022 in Family Law

When a couple gets divorced, there are certain issues that they must either come to an agreement on or the court will decide for them. If the couple has children, then one of those issues is child custody. Once the court has handed down custody decisions – either with or without the parents’ agreement – the position of the court is that the child custody order will stay as is unless there is extenuating circumstances that would warrant a change. Otherwise, it is highly likely that there would be parents who would be filing frivolous motions in an attempt to have the court issue a custody modification.

Although the courts do not make it easier to obtain a modification, it is important that any parent who has legitimate concerns about the current custody situation consult with an experienced child custody attorney to find out what legal options they may have.

Filing a Motion to Modify

The grounds for custody modification vary depending on the state you live in. In Texas, in order to file for modification, the requesting parent must prove that the change is in the child’s best interest and at least one of the following circumstances exists:

• The child is 12 years or older and tells the judge their preference of what parent they want to live with.

• The parent who was awarded primary physical custody has let the child live with another party and handed over primary care of the child to that party for at least six months. There is an exception to the rule for parents on active-duty military deployment.

• There has been a substantial change in circumstances of the child, the current primary parent, or the parent requesting the change.

What Does the Court Consider Substantial Change in Circumstances?

Examples of what the court would consider a change in circumstances include:

• Due to either one or both parents moving, the distance between both homes is too far to keep to the current parenting time schedule issued by the court.

• The parent who has primary custody is dealing with an issue that is having a negative impact on the child. This can include a substance abuse problem or some kind of criminal charges.

• The parent who has primary custody is not adhering to the current court-ordered parenting time schedule. In some situations, the court may even hold that parent in contempt for interfering with the court’s order.

• The child is having difficulty in school.

• The child is now older than when the original order was issued, resulting in a change of what the child’s needs are from each parent.

• The non-custodial parent has a substance abuse problem.

• One of the parents is dealing with a significant health issue.

• One of the parents is facing or has been convicted of domestic or other abuse crime.

All Changes Need Court Approval

It is important to note that even if both parents agree on any modification to the original custody order, any change must be approved by the court and a new order must be issued in order to be legally valid. A verbal agreement is not considered a legal change and offers no protection should one parent suddenly change their mind and go back to the stipulations in the original order.

Contact a Travis County Family Lawyer

If you believe that there should be a change in your child custody order, call Powers and Kerr, PLLC at 512-610-6199 to schedule a free consultation with a seasoned Austin, TX complex custody attorney and find out what your options may be.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm