5 Reasons Parents Modify Child Custody Orders
Life changes happen quickly and this is why the Texas law allows parents to seek to modifications to child custody orders under Texas Family Code 156.101 in order to adjust to new circumstances. Under this Texas law, either parent is able to file a petition for a child custody modification at anytime. This petition must be filed in the court that granted the divorce, but if the child has moved the petition can be transferred to the court in the child’s new county. But what are the grounds for modification to an existing order?
If both parents agree to the modification, then the changes can be made quickly and submit the proposed amendments to the court. However, if the parents disagree, both parents will have to be present in front of a judge to make a modification. Texas law permits modifications to conservatorship and possession only in certain circumstances. Here are five reasons that parents might seek to modify child custody orders:
The child (at least 12 years or older, Texas Family Code §153.009) has expressed the desire to change the primary caregiver or conservator.
The managing parent voluntarily relinquishes their child custody or responsibilities.
If the child does not wish to change primary caregivers, then the change in circumstances of the primary parent or child must be a “material and substantial change” (i.e. remarriage, medical disability, income change, abuse, criminal conviction, etc).
Current circumstances or parental misconduct poses a risk to the child’s well-being (i.e. substance abuse, criminal activity, neglect, abuse, unsafe living conditions, etc).
The managing conservator is not complying with the child custody orders or has not taken care of the child for six or more months (for any reason besides military deployment).
When amending child custody orders in Texas, the courts will always side with what is best for the child. In each case, the court will not modify a child custody order unless it is in the best interests of the child. When determining if the proposed amendments meet the standard, courts take into account the child’s wishes (if they are old enough), the child’s needs, and the relationship of the child to each parent.
If you find yourself with new circumstances and the current child custody orders are not adequately meeting those changes, then modifying your orders might be your best option to do what’s best for your child. Child custody cases can be time consuming, and expensive, retaining legal counsel that specializes in custody modification can save you stress and keep your parental rights safe. Our office specializes in child custody and modification cases, contact us today to learn more about how we can help your family.