Texas Custody Modification Attorney
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Custody Modification Lawyers
Every parent knows that children and their needs change quickly. An elementary school student is barely the same person they were when they were a toddler, and a teenager is entirely different again. Plus, families and their circumstances change. That’s why the Texas legal system makes it possible for you to have child support or child custody order modified and that’s where our Texas custody modification lawyers can help.
Child Custody Modifications in Texas
Modifications happen for two primary reasons. The first is when one of the parents violates a court order. The second is when at least one of the parents say that circumstances have changed and brings a motion to have the custody order changed in recognition of that.
A parent can violate a court order in a number of ways, such as by not paying child support or not respecting the custody and visitation agreement. If one parent withholds visitation to punish the other parent, that is usually found to not be in the best interest of the child and counts as being in contempt of court. Make-up dates will usually be ordered. In extreme situations, an unwillingness to adhere to the court-ordered visitation schedule can be determined to show a lack of respect for the law, which could result in the other parent receiving primary custody.
Changing circumstances are also a common reason to change the custody order when those circumstances impact the children. For example, if one parent overcomes an addiction, that parent may be able to have more custody or visitation. If the custodial parent brings a partner into the home with a criminal past, that might lead to a change of custody. Any situation that puts the child in danger is likely to result in a modification, including domestic violence and an expression of fear from the child.
Relocations or simply the child’s wishes can also result in modifications, such as if a teenage child wants to move in with the noncustodial parent for a period of time or one parent moves far enough away that the visitation schedule is not feasible.
If the custodial parent dies, that also means that the custody of the child needs to be reconsidered. The non-custodial parent will be first on the list of possible custodians, but the court will need to determine if they are capable of taking on this role. It is possible that a child could end up staying with a third party if it’s in their best interest for any reason.
Negotiated Child Custody Modifications
Many modifications can be negotiated with the other parent. If you are successfully and amicably co-parenting with your former partner, you may be able to discuss the child’s needs and wishes to come up with a modification that works for everyone, without the costly legal fees.
Mediations and arbitrations are almost always faster and less expensive. However, if that is not possible, the court can order a modification. If you’d like to modify an existing custody order, you’ll want a good Texas modification lawyer on your team. A custody modification attorney in Texas can help with negotiations, file any relevant legal paperwork, and present your case to the court, so you have the best chance of receiving the modifications that you are looking for.
We recognize that families and children change. If you have been divorced for a decade, your children’s needs and both your and your former spouse’s lives have probably changed drastically. It may be time to revisit your custody order and make sure that it is still in the best interest of your children.
Child custody modifications in Texas can be a complicated process. We can help. Call today, and let us help you navigate your custody modification case.
