Child custody orders are never permanent, and the courts have continuing jurisdiction, which allows them to make modifications as needed. However, a modification requires more than simply not liking a custody order. A parent who wants to modify custody will need to give the court a good reason to do so. On the other hand, the parent who wants custody to remain as it is will likely resist the modification request. In many cases, these matters can be resolved in mediatio,n or they can end up before the judge if the parties cannot agree.
Regardless of whether you are the parent who wants the modification or the one who is resisting it, you should have seasoned legal counsel advocating for your interests and applying the law to seek the best outcome for your child. Count on Jennifer Wiggins Moore Family Law as your dedicated legal advocate.
When Will A Texas Court Modify Child Custody?
It should first be pointed out that modifying a child custody order requires more than simply disagreeing with it or finding it challenging to obey. Court custody orders never fully satisfy the desires or expectations of both parents, and anyone can find it difficult to follow what a judge says. Therefore, the party wishing to modify the prior order must have a more compelling reason. They may include:
- A material change in circumstances affecting either the parent or the child has occurred
- The child, if 12 years of age or older, has expressed a preference to primarily reside with the other parent
- The parent who has primary custody voluntarily relinquishes it
Additionally, any modifications requested by a parent must be in the child’s best interests. This is the ultimate standard in any child custody matter.
What Counts as a Material Change in Circumstances?
Every custody case is different, which means the parents and the children in each matter have their own unique life situations. In general, a material change in circumstances is one that is not temporary or insignificant. To the contrary, the change must have drastic effects on the well-being of the child or the parent’s ability to follow the existing order.
While children and parents must adapt to and follow the court’s custody order, it can be challenging to do so. A material change in circumstances exists where either the child’s best interests are threatened or continuing to follow the current order would impose a significant burden on the parent wishing to modify.
These are a few examples of changed circumstances that may qualify as material:
- Marriage: If one of the parents gets married or remarried, their schedules could change or they may become a step-parent, both of which could affect their custodial time. Or a judge may view it as a positive change for a child to spend more time with a married parent, especially if the other parent is not as involved as the step-parent might be.
- Job relocation: Taking a job in another part of the state, the country, or the world will make it difficult or impossible to abide by the same parenting schedule. But it could allow the relocating parent to better provide for the child’s needs. Importantly, the relocation cannot be to simply spite the other parent or make visitation and parenting time more difficult for them.
- Unemployment: Either parent may lose their job and find it difficult to provide for the child. In a drastic situation, that parent may end up struggling with housing, which would harm the child’s best interests. A situation of chronic unemployment or unsteady employment may justify modification.
- Drug or alcohol abuse: A parent who abuses alcohol or drugs may not be fit to have custody or visitation time with the child. Evidence of direct harm to the child, such as driving the child while under the influence of alcohol, would be a good reason to ask for a modification.
- Abuse or neglect of the child: Arguably the strongest reason to ask the judge to modify custody is that there is evidence the other parent is abusing or neglecting the child. In extreme situations that party’s parental rights may be terminated. Other options include changing primary custody to the other parent or imposing supervised visitation.
How Does a Motion to Modify Custody Work?
There are two main ways to modify child custody in Texas.
If the parents agree to the change
There are many situations in which the parents discuss the change in circumstances, the child’s preferences, or the desire of one parent to relinquish primary custody. They can then decide how they would like to handle it. Mediation may be needed to work out some of the details, but once they reach a decision they can submit a proposed modification to the court.
Importantly, the judge has to review and approve the modification to ensure it protects the child’s best interests, even if the parents agree. They should continue following the current custody order until the judge approves the modification.
If the parents do not agree to the change
The parents may disagree on how or whether to modify the prior custody order. If they agree a change is needed but cannot agree on what it should look like, they can try mediation. However, if that does not work, or the parents do not agree that a modification is even necessary, then the party wishing to change the order will have to file a petition with the court.
The court will then schedule a hearing at which the parents can make their arguments for or against modification. They will be allowed to submit evidence and testimony, including from third parties. After the hearing, the judge will decide if the standard to modify the custody order has been met, whether to grant the request to modify, and what the new terms should be.
Contact Our Keller Child Custody Modification Attorney
Child custody cases are fraught with emotion, and this is no less true with modifications. Parents may disagree on what is best for their children or come to an agreement but still need help formalizing it. If you are either the parent who wants the change or the one who doesn’t, let our law firm serve you. Call Jennifer Wiggins Moore Family Law today.
Jennifer Wiggins Moore Family Law, P.C., serves clients in Keller, Fort Worth, Alliance, Presidio, North Fort Worth, and throughout Tarrant County.
