Even if a child custody order works well when it’s created, circumstances can change. When this happens, you may be interested in modifying the order. In what situations can you change custody agreements, and what are the steps for seeking modification?
At Mims Ballew Hollingsworth, every child custody case benefits from our strong commitment to collaboration. An experienced attorney helping with custody changes can help you explore your options and work toward a more favorable arrangement.
Here’s what you should know about the grounds for modification of custody in Texas and how to get started.
Basis and Legal Grounds for Modifying Child Custody in Texas
Under Title 5 of the Texas Family Code, custody modification in Texas may be allowed under these conditions:
- A material and substantial change in circumstance that affects the child’s well-being
- The expressed preference of a child (12 years or older) to live with one parent
- The parent with whom a child usually lives relinquishes custody for more than six months
A material and substantial change could occur if a parent loses a job, changes their work schedule in a way that impacts childcare, or wants to relocate a significant distance away. A change in the child’s needs, as well, could call for a modification to the order.
Older children may prefer to live with one parent as the primary caregiver. If they express this to the court, custody and primary residence could be modified. Finally, if a parent relinquishes possession and care of the child for more than six months, the other parent may seek a permanent custody modification.
No matter the grounds for change, the court must still act in a child’s best interests. If you have grounds and you want to proceed, the next step is to consult with a lawyer about how to file a child custody modification in Texas.
How to File for Custody Modification in Texas
There are several steps involved in the modification of child custody in Texas. First, you must complete a petition to modify, listing the grounds and the proposed modification.
Along with this petition, you must include court fees and supporting documents like financial statements, medical records, or proof of an applicable change in circumstances.
Next, the other parent must be notified and given adequate time to respond. When the court receives their response (or the deadline passes), it will schedule a hearing. You must appear at the hearing to present your case. In some cases, mediation may be ordered first.
Once you have reached an agreement with the other parent through mediation or you have presented your evidence to a judge, the court will decide whether to modify the existing child custody order.
Overcoming Obstacles in Custody Revision Proceedings
Even if you have valid grounds for modification of custody in Texas, the process may not be smooth. For one thing, you must prove your case to the satisfaction of the court. This means collecting evidence to support your request.
You may also face significant pushback from the other parent. During mediation, you can try to negotiate an agreement that both of you are satisfied with. If that doesn’t happen, the outcome is up to a judge. An experienced attorney can work with you to build a persuasive case to present in court.
Deal With Custody Issues With Confidence: Contact Us Today
Changing a child custody order isn’t easy, even if you have grounds for modification of custody in Texas. With a qualified lawyer to advise you and represent your interests, you can work to maintain your relationship with your child and protect their well-being.
Mims Ballew Hollingsworth is committed to providing the exceptional legal service and support every client deserves. Contact us now to schedule a consultation and discuss your goals.