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:
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