A court-ordered child custody order can sometimes feel like a permanent solution to your child’s living arrangements. Yet, as your child grows and changes, their needs, and the family’s needs can change. An arrangement that worked for a five-year-old may not work for a tween or teen. When life happens, you adjust. The same is true for a child custody agreement.
When circumstances evolve, there are ways to modify a child custody agreement in Texas. Understanding the criteria a court must consider to grant a child custody modification is essential so you can prepare for what lies ahead.
Can You Modify a Child Custody Agreement?
Yes. Texas courts allow parents to modify or change existing child custody arrangements. Although it may be tempting to make a “handshake” agreement with your child’s other parent, this is seldom in your or your child’s best interest. A legally binding child custody modification issued by the court protects you and your child and outlines the new parameters of your child custody arrangement.
Texas Criteria for Filing a Child Custody Modification
Texas law allows parents to seek a child custody modification in certain circumstances. Parents sometimes agree that a child custody order is outdated and no longer works. If both parties agree that a change is needed to meet the child’s best interests, they can file a petition seeking child custody modification. The court reviews the modification terms and can, in most cases, approve the changes, making the new child custody arrangement legally enforceable.
However, there are situations where parents disagree that a child custody agreement needs to change. In this case, a parent must prove their situation meets specific criteria that necessitate a change in custody. Texas law stipulates that a parent must demonstrate:
- The child’s present environment endangers the child’s physical health or mental development
- The changes are in the best interest of the child
- There has been a substantial material change in circumstances
In many cases, courts interpret “substantial material changes” to mean job relocation, unemployment, or a change in a parent’s marital status. Child custody modifications may also be necessary in cases where there is abuse, neglect, family violence, or substance abuse. As in an original child custody determination, the court evaluates the situation and seeks solutions in the child’s best interest.
Additionally, modifying an existing child custody agreement may be more challenging if the existing order is recent.
How to Modify a Texas Child Custody Agreement
Before moving forward with a child custody modification, it is wise to seek the advice of an experienced child custody attorney who can help you handle the situation and prepare a solid case demonstrating why a modification is necessary.
With the help of a skilled attorney, you can file a petition seeking child custody modification. The petition request must be detailed and accurate, outlining the changes you want to make to the custody arrangement and why these changes are needed, with accompanying evidence supporting your case. A hearing is scheduled if the other parent contests the modifications and the court reviews the case. The court can then approve or deny the modifications.
You increase your chances of securing a more favorable result by working with a child custody lawyer who understands the Texas legal system and can help you advocate for you and your child’s best interests.
Let a Seasoned Texas Family Law Attorney Review Your Situation
Life changes. Don’t let an outdated child custody order hold you and your family back. At Jennifer Wiggins Moore Family Law, our legal team approaches your situation with sensitivity and compassion, crafting a personalized legal strategy that factors in your unique goals and concerns.
Contact Jennifer Wiggins Moore Family Law today for a confidential legal consultation to review your child custody modification options.
