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Modifying Child Custody Orders In Texas

Posted on in Child Custody

LauraUpon filing for divorce in Texas, either party can request the court to enter a temporary order governing a specific matter, such as child support, until the final divorce decree is given. These temporary orders give some sense of order for how visitation and custody will look in the short term and what parents can expect. These short term orders can include details on child support, spousal support, property division, and possession and access.

After final custody orders have been given, many parents hope to be able to modify their custody schedule at some point in the future. Moving forward with plans to change a child custody order should not be done without the assistance of an attorney.

Judges in Texas evaluate the individual situations of each family to determine what custodial situation is in the best interests of the child. It is possible, however, that the situation has changed over time, thus meaning that a new custodial order could truly represent the best interests of the child. There are several circumstances under which parents might modify custody, including the following:

  • A situation when both parents agree to a custody change;
  • Circumstances in which the child is 12 years old or older and notifies the court of a wish to change the current order;
  • Scenarios in which a substantial change in the circumstances of the child warrant such a custody shift;
  • and situations where the person with primary residence relinquishes care and possession of the child for at least 6 months.

To receive a custody change order, you must be able to demonstrate to the court that this substantial change has occurred since the last custody order. If the modification is requested within one year of the most recent order, you must show that the child's present environment may endanger him or her significantly if the custodial parent has not relinquished care or requested the custody change. Hiring an experienced Texas family lawyer is the only way to proceed with a matter as delicate as the custody of your children.

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