If you’re wondering if child custody can be modified, it certainly can be. Usually changed circumstances make it possible to modify an order for child custody.
As you know, a child custody order determines who will have custody of the children after a divorce. However, sometimes things change in a person’s life and a modification may be beneficial or even necessary. While it may seem like a court order can not be changed, it’s good to know that there are times when it can be.
Sometimes the current order is simply no longer workable and a modification of child custody is a better option.
In Texas, the courts will often take into consideration changes in life events, such as relocation or changes in a job as a reason to modify child custody orders.
Above all, child custody can be modified in the event that the current order is no longer in the best interest of the child.
So, let’s take a look at when it may make sense to modify a child custody order.
When Child Custody Orders may be Modified
The first thing to note is that either parent is able to file a petition to modify child custody order. They are able to do this at anytime during the existing order.
The petition to modify needs to be filed in the same court that granted the divorce of the two parents. The only time that it does not need to be filed in the same court is if the child lives somewhere else now.
In the event that the child has moved, then it is possible to have the case transferred. It would need to be transferred to the county that the child now resides in.
If parents agree on the modification of child custody, then it can be changed rather easily. In this case, parents simply need to submit a proposed order that identifies to a judge what the changes are.
At this point, the court will review the changes. In most cases, they will approve the modification. After the modification has been approved by the court, this is the new legal agreement between the parents that must be followed.
What if Parents Don’t Agree on Child Custody being Modified?
Understandably, sometimes parents do not agree with each other on child custody being modified. Either because they don’t want to change the current order. Or they feel it’s better the way it currently is.
If this is the case, both parents would need to go before a judge in order to have child custody modified. It is a longer process and the parent who wants to make the modification will need to demonstrate a few requirements.
Requirements to Modify a Child Custody Order
To modify the current an order, the requesting parent must prove the following:
- The child is at least 12 years old and wants to change their primary caregiver, or
- There have been changes in the circumstances. These changes must be material and substantial.
- The changes to the order are in the best interest of the child.
What if the Child is Under 12 years Old?
If a child is under the age of 12 or doesn’t want to change his or her primary caregiver, the law in Texas is different. The only way that child custody could be modified in this case is if changes in circumstances are material and substantial.
So how do Texas courts determine if the circumstance changes are material and substantial?
Here are the factors a judge will look at to make this determination:
- A parent has relocated because of a job
- One of the parents is unemployed
- There has been a change in the marital status of the child’s parents
- A parent has medical conditions that could affect their care for the child
- The child is being abused or neglected by a parent. This goes for either parent.
- A parent is abusing substance
Above all, child custody will not be modified unless it is in the best interest of the child involved.
Of course, a judge is going to consider a number of factors to determine what is best. They will evaluate the child’s needs, what they want and what their relationship is like with each parent in making a decision.
Work with a Child Custody Attorney
Often, circumstances do change in a parents life. We understand this. When this happens, sometimes the current order is no longer workable. Or it doesn’t work with your current situation.
If you are in this situation, we encourage you to speak with one of our child custody attorneys. We can help you modify a child custody order that better suits your situation in life.
