Child custody agreements are designed to provide a safe and stable environment for your child, but things can happen that may affect these agreements. When this agreement no longer serves the best interests of your child, a parent may request a modification. Either parent can make this request.
Understanding the legal process can ensure that you can file this modification and navigate the process with ease and little surprises, receiving the best child custody possible. Consulting an experienced attorney is the best way to receive guidance and have any questions you have answered.
Valid Reasons for Modifying Custody
When requesting to modify custody in Texas, the court will require a valid reason. There are several factors that can justify a request for modification:
Changes in Lifestyle
This can include getting married again, changes in living arrangements that make the current arrangement impractical, and financial instability. A Texas court will assess how these changes affect the child’s well-being.
Concerns for the Child’s Safety
The parent wanting to request the change in custody must provide evidence of neglect, abuse, or any other dangerous behavior. Texas courts prioritize the child’s safety above all else, and will look at the evidence and may modify the custody order to protect the child’s well-being.
Job Relocation
If the parent is moving due to work, it can significantly impact the current custody arrangement, and the court will take into consideration how the move will affect the child, including their schooling, support system, and relationship with the other parent.
Violation of the Terms of the Custody Agreement
Violations of the custody agreement are taken very seriously in Texas courts. If one parent consistently fails to follow the schedule of the custody agreement, refuses to allow visitation, or does not comply with the court orders, the other parent can request a modification of the custody order, ensuring stability for the child.
Custody modifications aren’t about one parent “winning” or “losing.” They are about ensuring the child is in the safest place and receiving the best possible care. If any circumstances like the ones above have occurred, revisiting the agreement may be a good idea.
Reaching out to an experienced child custody lawyer is the best way to determine what the best course of action is for you and your child.
Steps to Request a Custody Modification
Requesting a modification in a custody agreement is not always a simple thing. Understanding what you need to do in order to make this request is important in doing it correctly. Here are some steps to take when requesting a custody modification:
- Determine if You Have a Valid Reason for Modification
- Review Your Existing Custody Order
- File a Petition to Modify the Parent-Child Relationship
- Modify Child Support (if needed)
It is always best to speak to a child visitation lawyer when looking to request a modification. A lawyer will be able to guide you through the process and answer any questions you may have, providing you with peace of mind knowing you have an expert handling your case.
What Happens After Filing for Custody Modification?
Once you file for a modification, many people wonder what the process is from there. Knowing what happens after filing for a custody modification will help you prepare better for the process. Here are a few things that will occur when you officially file for a modification to your custody order:
Attend Court Hearings
If both parents agree with a change in custody, the process is typically straightforward and smooth sailing. The court will review the agreement, and as long as it is in the child’s best interests, it will likely be approved without a lot of delay.
If one parent disagrees, however, The case will be more difficult. Both sides will have to provide their arguments as to why the child should stay with them, and the judge will review the provided evidence and relevant factors before making the final decision.
Provide Evidence Supporting Your Request
If the custody modification is contested, the parent making the request will have to provide solid evidence to justify their request. This might include witness statements from teachers, caregivers, and family members that can confirm the child’s well-being is being harmed.
School records and/or medical records will help show how the child’s health, emotional well-being, and education are being negatively affected while in the other parent’s care.
In the more serious cases, providing police reports or documentation showing abuse, neglect, or other dangerous and unsafe conditions may be necessary to support the request of change in custody.
Court Decision & New Custody Order
After all the evidence has been collected and reviewed, and after hearing both parties’ arguments, the judge will look over everything and will make the final decision of whether the modification is approved, denied, or simply adjusted. This decision is always based on what is in the best interest of the child.
If the request is approved or adjusted, a new order will be issued and will outline the updated terms. Once the modification is in place, both parents must then follow the new agreement moving forward.
Filing for a custody modification is a challenging process, but the final decision will always ensure the child in question remains in the safest environment. Whether the change is simple or not, the court’s goal is always to support the child’s best interests.
The Role of a Family Law Attorney in Custody Changes
A family law attorney plays an important role in guiding the parent through the legal process of their custody modification request, ensuring that all the correct information is filed, and advocating for their best interests.
Custody agreements are meant to provide stability, but sometimes life changes make modifications necessary. In Texas, a parent can request a custody change if there’s a valid reason, such as changes in lifestyle, concerns for the child’s safety, job relocation, or a violation of the custody agreement. The process involves filing a petition for modification, attending court hearings, and providing strong evidence (such as witness statements or medical records) if the other parent disagrees. Ultimately, the judge will make a decision based on what is in the child’s best interest. Consulting a family law attorney can help navigate this complex process and ensure the best possible outcome for both the parent and the child.
