Can Texas Fathers Modify Custody for More Parenting Time?

 Posted on August 15,2024 in Child Custody

There is a common but outdated idea that mothers are always the dominant parent. The truth is that every family is different. Some fathers are just as involved or more as their child’s mother. Texas has no laws giving preference to mothers in custody arrangements, and the courts generally prefer arrangements where both parents have rights and responsibilities. It is also possible to appeal for a modification if you are not happy with the amount of time you are granted. If you are a father who wants to increase his time with his child, speak with a compassionate McKinney, TX family law attorney to understand how.

How Is Custody Decided?

In Texas, custody is officially known as conservatorship. This refers to the rights and responsibilities of a parent or guardian. There are two main ways conservatorship can be arranged:

• Joint Managing Conservatorship (JMC): Both parents share the rights and responsibilities of raising their child. Joint does not mean equal, and there are some cases where there is one dominant or primary parent, but in a JMC arrangement, both parents are involved. They generally both have a say in making decisions about the child and will have a visitation schedule outlining time for each of them to be with the child.
• Sole Managing Conservatorship (SMC): One parent has the exclusive right to make decisions about the child’s upbringing. The other parent might have visitation rights, but the sole managing conservator, or primary parent, has the majority of authority and responsibility.

Can I Appeal for More Visitation?

If you want the court to modify your arrangement, you must demonstrate that something significant has changed in your, your child’s, or your ex’s circumstances to warrant it. The most important thing to know is that whatever your reason is for requesting the modification, it needs to be unequivocally in the child’s best interest. Some common reasons are:

• Your work schedule has changed significantly, now allowing you to be available more for your child.
• You have recovered from a condition that impaired your ability to parent your child when the arrangement was first made. If you have overcome an illness, addiction, or other type of instability, it might be time to request a modification.
• Your child’s needs have changed.
• Your child’s mother is behaving in a way that affects your child’s well-being.
• Your child’s mother now lives with someone else, and your child is not uncomfortable around him.

For custody arrangements, your child’s best interest is considered a top priority. The court will evaluate your and the mother’s parenting skills, how a modification might impact your child’s stability and the relationship your child has with each of you before making a decision.

Contact a Collin County, TX Father’s Rights Lawyer

Modifying your custody arrangement is not easy, but it is possible. A qualified McKinney, TX custody modification attorney can help you demonstrate that you can provide your child with a healthy, safe, and stable environment and that having more time together is in your child’s best interest. Call The Ramage Law Group at 972-562-9890 so we can get started on your case.