Can I File for Child Custody Modification in Texas?

 Posted on April 26, 2023 in Family Law

When a couple decides to end their marriage, there are many issues that need to be decided. One of the most important issues is what type of child custody arrangement will be worked out. This can also turn into one of the most contentious issues that linger long after the ink has dried on the divorce decree.

Depending on the age of the children, it is not uncommon for there to be modifications to the original order, especially if there has been any significant change in the circumstances of either parent or the child. If you are considering a custody modification, it is essential to understand the legal requirements and the factors that the court will consider when making a decision.

Reasons for Modification

Texas has very specific rules regarding when a parent can file for custody modification. Otherwise, given the acrimonious relationship many co-parents have, the Texas family court system would likely be overrun with modification petitions for issues that parents should be able to work out without the court’s intervention.

A parent seeking a custody modification is required to show that there has been a material and substantial change in circumstances since the original (or most recent if there have been prior modifications) custody order was issued. This means that the change must be significant and have a direct impact on the child's well-being. Examples of material and substantial changes could include a parent's relocation, a change in the child's health or education needs, a change in one of the parent’s health, a change in a parent's work schedule that impacts their ability to care for the child, or the child’s wishes (if the child is old enough).

Filing for Modification

Once a parent files a petition for modification, the court will schedule a hearing to review the case. The parent seeking the modification has the burden of proof and must present evidence to support their request. The court will consider several factors when making a decision, including the child's best interests, the relationship between the child and each parent, the child's physical and emotional needs, and each parent's ability to provide for those needs.

If the court determines that a modification is in the child's best interests, it will issue a new custody order. The new order will reflect the changes in circumstances. It may also adjust the amount of time each parent spends with the child, the decision-making authority of each parent, or other aspects of the custody arrangement.

Contact a Collin County Family Lawyer

If you feel there are circumstances that warrant a change in your current child custody order or your ex has filed for modification, do not delay in contact The Ramage Law Group. Call 972-562-9890 to schedule a confidential consultation with one of our skilled McKinney, TX child custody attorneys.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.152.htm