Life doesn’t stand still – and neither should your custody arrangements when they no longer serve the best interests of your child. In Texas, child custody orders are not set in stone. Courts understand that circumstances change, and when they do, you have a right to request a modification. Whether you’re the custodial parent or not, if your current order no longer reflects your child’s needs or your life situation, a modification might be appropriate as a Dallas, TX child visitation lawyer who has been rated by SuperLawyers can attest.
When Can A Custody Order Be Modified
Under Texas law, a child custody order – officially referred to as a conservatorship order – can be modified if there has been a material and substantial change in circumstances since the last order was established. This legal standard ensures that courts only alter custody arrangements when truly necessary, and there are many different types of child custody available.
Some common examples of substantial changes include:
- A parent relocating a significant distance
- A change in one parent’s work schedule or availability
- The child’s needs changing due to age, education, or health
- Evidence of neglect, abuse, or endangerment
- Substance abuse or criminal activity by one parent
- One parent voluntarily giving up custody for six months or more (not due to military service)
It’s important to note that the court’s primary focus is always on the best interest of the child — this is one of the basic principals of child custody. The judge will consider how the proposed modification will impact the child’s physical and emotional well-being, stability, and relationship with each parent.
The Process Of Filing For Modification
To begin the process, the requesting parent must file a Petition to Modify the Parent-Child Relationship in the court that issued the original order. If both parents agree to the proposed change, the process can move more quickly and may not require a court hearing. However, if there is a disagreement, the case will proceed through litigation, and both parties will have the opportunity to present evidence and testimony.
The burden of proof lies with the parent requesting the change. You’ll need to demonstrate not only that a substantial change in circumstances has occurred, but also that the modification is in your child’s best interest.
Modifications Requested By The Child
Texas law also allows children aged 12 or older to express a preference regarding which parent they want to live with. While the child’s input is not the final word, judges often take their preferences into account – especially if the child is mature and articulate about their reasons.
Why Legal Guidance Matters
Custody modifications can be emotionally charged and legally complex. Even if you and the other parent have a good relationship, it’s essential to protect your rights and your child’s best interests with proper legal support. At Brandy Austin Law Firm, we take the time to listen to your situation, explain your options clearly, and advocate for the outcome that best serves your family’s future.
Whether you’re seeking a modification or opposing one, we’re here to help guide you through every step. Our goal is to make the process less stressful, more efficient, and ultimately successful for the people who matter most – your children.
Ready To Talk?
If you believe a custody modification is necessary in your case, don’t wait. Contact Brandy Austin Law Firm today to schedule a consultation with an attorney who has received a 10.0 rating from Avvo. Life changes, and we’re here to help you change with it – while also protecting what matters most.
